Ganga Madho and Shiv Lal, accused have preferred these ap peals against their respective convictions for the offences under Sections 302/34, IPC and Section 302, IPC and sentence of life imprisonment awarded to them by Sri V. P. Mathur, the then Sessions Judge, Fathepur in Sessions Trial No. 269 of 1978.

2. The prosecution story was that Ganga Madho and Shiv Lal, present ac cused-appellants, and Kaley alias Dinesh were friendly with each others and were occasionally found in each others com pany, that Ganga Madho accused-appel lant had a betel shop and that Prakash Chandra Gupta, deceased, was occasional ly seen on the Betel shop of Ganga Madho, accused-appellant ; that he (Ganga Madho) was havingsome sort of affair with one Km. Bimla, aged about 12 years, daughter of one Radhey Shyam, Lohar (not to be confused with Radhey Shyam son of Kanhaiya Lal Gupta, the informant in the present case) ; that about twenty days prior to the present occurrence, this Km. Bimla was seen having light talks with the deceased Prakash Chandra Gupta at Hanuman Temple, hence since then the relations between Ganga Madho, accused-appellant and Prakash Chandra Gupta deceased became strained