1. The appellants Tondi, Ram Chandra and Piarey have been convicted by III Additional Sessions Judge Shahjahanpur under Section 364. IPC Tondi and Ramchandra have been sentenced to eight years R.I. and Pyare has been sentenced to four years R.I.

2. Briefly stated, the prosecution case is that the deceased Parasram was an unmarried man. His brother-in-law is one Rameshwar Dayal. Rameshwar Dayal is a resident of village Kherakia, police station Bisalpur, district Pilibhit. Parasram had gone to attend the marriage of Rameshwar Dayal's son on 9-6-1969. On the morning of 11-6-1969, Parasram is alleged to have left Pakaria on the return of the Barat. While leaving Pakaria, he is said to have informed that he was going to Bisalpur to meet the accused persons.

3. The case for the prosecution is that the accused had induced Parasram by representing to him that they would get him married. The prosecution case further is that Rs. 1,000/- were required for this marriage which was collected by the deceased Parasram partly from his sister Smt. Badamo (P.W. 11) and partly from his sister-in-law Shanti Devi (P.W 10). In the morning of 11-6-1969 he left Pakaria. Puttu Lal (P.W. 3) is claimed to have seen the victim Parasram at Bisalpur bus-stand at about 11 a.m. on 11-6-1969. He was accompanied by the accused. Thereafter, the case for the prosecution is that Parasram proceeded on his way to Bisalpur. In the evening Nanhey (P.W. 9) while travelling by train to Tisua happened to travel by the same compartment in which the victim was travelling with the accused. He made enquiries from the deceased who disclosed that he was proceeding for his marriage which had been arranged by the accused-appellants. Thereafter Parasram did not return to his village.

4. It appears that the dead body of Parasram was found in village Piprauli on 12-6-1969. On receiving this information, Chowkidar Mulaim (P.W. 1) went there to verify the same. He subsequently came to the police station and lodged the present report Ex. ka. 1 at 4.10 p.m. on 12-6-1969. S.I. Shiva Kumar Sharma on receiving this information went to the spot to get the body identified Having failed in this, he prepared a Panchayatnama of the body and sent the same for post-mortem examination. The body had been subsequently identified to be that of Parasram.

5. The post-mortem examination of the dead body of Parasram was conducted by Dr. Mahesh Chandra on 13-6-1969 at 4.45 p.m. The post-mortem disclosed that the deceased was 35 years of age and that he died about two days prior to the post-mortem examination. He had six incised ante-mortem injuries besides one contusion. There was an incised wound 22 cm. X 3.5 cm. X tissue deep over left side to front of neck due to which arteries, veins, trachea and oesophagus had been cut. There was another wound on the neck and several other wounds at various parts of the body. The incised wounds had been caused by some sharp edged weapon and the contusions by some blunt weapon.

6. The accused appellants denied their guilt and they ascribed their implication due to enmity as Tondi had appeared as a witness against the prosecution witnesses.

7. The prosecution in support of its case examined 18 witnesses namely Mulaim (P.W. 1), Chandra Sen (P.W. 2) Puttu Lal (P.W. 3), Tula Ram (P.W. 4), Abdullah Khan (P.W. 5) Mahipat Singh (P.W. 6), Bankey Lal (P.W. 7), Dr. Mahesh Chandra (P.W. 8), Nanhey Lal (P.W. 9), Shanti Devi (P.W. 10), Smt. Badamo (P.W. 11), Manmohan Bahal (P.W. 12), Rameshwar Dayal (P.W. 13), R.N. Misra (P.W. 14), Bachchan Lal (P.W. 15), Behari Lal (P.W. 16), Firanga (P.W. 17) and S.O. Shiva Kumar Sharma (P.W. 18).

8. These witnesses have been produced to depose with regard to the various circumstances on the basis of which the charge under Section 302, Indian penal Code had been framed. It may be said at the outset that there is no direct evidence in this case which hinges solely upon circumstantial evidence. The case for the prosecution is that Parasram (P.W