( 1 ) THE present appeal has been filed against the judgment and order dated 9. 11. 1993 passed by Sri M. M. Jayant the then II Addi. Sessions Judge, Rampur in S. T. No. 633 of 1991 whereby the appellants were convicted under Sections 302/34 I. P. C. and sentenced to undergo life imprisonment.

( 2 ) THE prosecution case, as men-tioned in the F. I. R. lodged by P. W. 1 Sunder Lal, is that on the date of occurrence he alongwith his brother Bundan Lal had visited Balmiki Mandir for participating in a Panchayat. At about 12. 30 P. M. his brother left the Panchayat and he was followed by Ramesh, armed with country made pistol Mahesh, Dinesh and Ganesh were armed with knives and they surrounded him and assaulted him with knives. His brother raised alarm and complainant alongwith Babu Lal son of Banney, Prakash, Ramesh son of Nanhey, Babu Lal son of Mahesh Chand, Aslam, Parvesh and Kallu Khan reached to save him. Dinesh exhorted Ramesh to shoot him and thereafter three accused persons caught his brother who fell down on the ground and Ramesh fired at the face and his brother died on the spot then the accused persons ran away from the eastern gate of the temple. The occ