These appeals have been preferred against the judgment and order dated 3-6-2000 of Special Additional Sessions Judge, Shahjahanpur in S. T. No. 379 of 1992. He found the appellants Kaptan and Lal Man guilty under Sections 148, 323/149, 452 and 302/149 IPC and sentenced them to three years R. I. , one year R. I. , and seven years R. I. , respectively, under the first three counts. The appellant Kaptan was sentenced to death under Sections 302/149 IPC while the appellant Lal Man was sentenced to imprisonment for life under the aforesaid charge. Chandra Sen who was also tried in the same sessions trial was however, acquitted of all the charges. The appellant Kaptan was also tried under Section 25 of the Arms Act in S. T. No. 105 of 1993 but was acquitted of the said charge by the same judgment and order. The appellant Kaptan has preferred Criminal Appeal No. 1407 of 2000 while appellant Lal Man has preferred Criminal Appeal No. 1450 of 2000 challenging their conviction and the sentences imposed upon them. The learned Sessions Judge has also made a reference for confirmation of sentence of death imposed upon Kaptan. Since both the appeals arise out of the same sessions trial, they are being decided by a common order.

2. The case of the prosecution, as stated in the FIR and as unfolded by the evidence, in brief, is that the appellant Kaptan is son of Bhagge, and is resident of village Anta, P. S. Pachdeora, District Hardoi, while the appellant Lal Man is son of Jodha, and is resident of village Albela, P. S. Jalalabad, District Shahjahanpur. The third accused Chandra Sen, who has been acquitted by the trial Court, is resident of village Guar, P. S. Tilhar, District Shahjehanpur. Three persons, namely, Rati Ram, Lal Man and Lal Sahai, all sons of Chiranjee Lal, residents of village Sahona, P. S. Jalalabad, District Shahjahanpur, lost life in the incident and they were all real brothers of the first informant, Ram Bilas. It may be clarified here that Criminal Appeal No. 1450 of 2000 has been preferred by Lal Man, son of Jodha Lal and one of the deceased is also Lal Man who was son of Chiranjee Lal of village Sahona, P. S. Jalalabad, District Shahjahanpur. Rama, sister of Kaptan accused, was married with the Lal Sahai (deceased) about two years before the incident. She died about a year after her marriage and Kaptan and his family members held out that Rama had been killed by Lal Sahai and others. A panchayat was held in this regard and in accordance with the decision taken therein, all the articles given by way of gift in marriage were returned to Bhagge, father of Rama and an amount of Rs. 10,000/- was also paid. At that time Kaptan accused is alleged to have given a threat that as the articles belonged to them they were taking them away, but he will certainly take revenge of the murder of his sister. The case of the prosecution further is that another sister of Kaptan is married to Brij Pal, resident of village Albela which is close to village Sahona and the appellant Lal Man is elder brother of Brij Lal aforesaid. The third accused, namely, Chandra Sen, is a friend of Lal Man accused and is said to be a notorious criminal. Nanhe @ Nanhakoo and Babu, who are also alleged to have participated in the incident in question, are said to be brothers- in-law (wifes brothers of Kaptan ). The incident took place in the mid-night of 21/22-1-1992 when the complainant Ram Bilas (P. W. 1) was sleeping along with his wife in Khaprail inside his house while his mother Smt. Raj Kumari (P. W. 3) was sleeping in a shed in the house and an improvised lamp by putting kerosene and a wick in a glass-bottle was burning there. The three deceased, namely, Rati Ram, Lal Man and Lal Sahai were sleeping outside in the chaupal and their father was sleeping in the shop which is outside the house. Some others of the village, namely, Heera, Jawahar, Jeevan and Om Prakash were also sleeping in the chaupal where two similar improvised kerosene lamp