The main legal point established in the judgment is the careful analysis and scrutiny of evidence to determine the credibility and consistency of the prosecution's case, ultimately leading to the decision to afford the benefit of doubt to certain accused appellants.

( 1 ) NINE persons were put to trial in Sessions Trial No. 422 of 1979 before the Additional Sessions Judge, bareilly. They were Ved Ram, Kishan Lal, tundi, Siya Ram, Niranjan, Chhatrapal, Dal chand, Rampal and Dharampal. The last two Rampal and Dharampal are real brothers being the sons of Punni. The appellants were tried for the double murder of Chet Ram and his brother Raghu Nath. The trial Court found them guilty of the offence under Section 302 read with Section 149, I. P. C. and sentenced each of them to life imprisonment. Chhatrapal, Dalchand, Rampal and Dharampal were also convicted under Section 147, I. P. C. and sentenced to rigorous imprisonment for one year. The remaining five, namely, Ved ram, Kishan Lal, Tundi Siva Ram and niranjan were convicted for the offence of rioting under Section 148, I. P. C. and each sentenced to 1 years rigorous imprisonment. All the sentences were ordered to run concurrently by the judgment dated 27th feb. 1981 which is impugned in this appeal.

( 2 ) THE occurrence had taken place on 19-7-1979 between 8 a. m. and 9. 30 a. m. in village Shivpuri, Police Station Sirauli, District Bareilly and the F. I. R. was lodged the same day at 3. 15 pm. by Jhamman Lal (brother of deceased) PW 1, an eyewitness. The distance of the Police Station from the place of occurrence was about 6 Kms. The occurrence occurred in two parts. In the first part, Chetram was murdered and the murder of Raghunath took place in the second part of the incident. The two murders were committed in the chain of the same transaction.

( 3 ) THE broad essentials of the prosecution case as per the F. I. R. and the evidence adduced in the Court may be noted. Ved ram, Kishan Lal and Tundi were allegedly armed with Gandasa, Siya Ram and niranjan each was armed with spear and the rest had lathis, Sukhdei mother of the appellant Ved Ram was living with the deceased Chetram for the last 15-16 years as his wife. Jhamman Lal PW 1 filed a case against the accused Dal Chand, Siya Ram nathoo and others for their having encroached upon his agricultural land. Mihi Lal father of the accused Dal Chand had filed a case against Jhamman Lal P. W. 1 and his deceased brothers Chet Ram and Raghunath as also one Mangali in connection with the fracture of wrist. 21-7-1979 was the date fixed for the hearing of that case. The accused Kishan Lal had filed a complaint against Jhamman Lal P. W. 1 and Raghunath for committing mischief by arson but the same resulted in acquittal. For the said reasons, the accused harboured enmity against jhamman Lal P. W. 1 and his brothers.

( 4 ) ON the fateful day at about 8 a. m. the deceased Chet Ram was returning to his house after purchasing Gur from the shop of Akhtar Maulana D. W. 1 Jhamman Lal P. W. 1 and his relatives Nanki and Ram bharose were going to the Chakki of Kishore nandan. Reaching near the Baithak of Sukkhi they saw that the accused persons, variously armed as stated above, started assaulting chet Ram when he reached in front of the house of Punni. On the shrieks of Chet Ram and others, Naval Kishore P. W. 3, Makkhan, prem Shankar P. W. 4 and Sunder also reached there and raised shouts. However, the accused persons ran away after killing chet Ram.

( 5 ) JHAMMAN Lal P. W. 1 planning to arrange a bullockcart when at about 9 a. m. Bhikam P. W. 2 arrived there and informed him that his brother Raghunath had also been killed b the accused persons in his field jhamman Lal P. W. 1 left some villagers by the side of the dead body of the Chet Ram. He Ram Bharosey, Nanki and others reached the place where Raghunath had been assaulted. They found him badly injured but alive. He put Raghunath in a bullockcart belonging to Bihari to take him, for medical treatment. When the bullockcart reached the field of Sukkhi, Raghunath also died of the injuries caused to him. Chhiddan Chaukidar also reached there. Jhamman Lal P. W. 1 got the report scribed by Baisakhi Lal and sent chiddan to lodged the report at t