The testimony of eyewitnesses, the motive for the crime, the production of independent witnesses, and the reliability of identification parades are all important factors to consider when determining the guilt of an accused person.

M. Murtaza Husain, J. :- Jagdeo Singh, Kali Bux Singh, Raj Bux Singh and Parmatma alias Lambardar appellants of Criminal Appeal No. 17 of 1978 stood their trial before the 1st Addl. District and Sessions Judge, Barabanki in Sessions Trial No. 359-A of 1974. Through his order dated 2-1-78, passed in that case, the learned Sessions Judge has convicted all of them under S. 302/34 I. P. C. He has sentenced Jagdeo Singh appellant to death for that offence, whereas the other three appellants have been sentenced to undergo life imprisonment. The connected Criminal Appeal No. 38 of 1978 has been submitted by Jagdeo Singh from jail. The learned Sessions Judge has also made the prescribed reference (No. 2 of 1978) for confirmation of Jagdeo Singh's death sentence.

2. Parmatma appellant is resident of village Chak Ambar Purwa hamlet of Birapur, P. S. Tikait Nagar in the district of Bara Banki whereas the other three appellants are residents of village Semaur which lies within the circle of the same police station. Ratipal Singh, who lost his life in the occurrence complained of, was also a resident of village Semaur. Smt. Chandrawati P. W. 1, who is the complainant of this case, is Ratipal Singh's widow whereas Smt. Saroj Kumari P. W. 3 is his daughter. Amar Bahadur P. W. 2 is the real brother of Smt. Chandrawati complainant. He belongs to village Dhamapur, which is ten miles away from Semaur. He was allegedly staying at the house of the deceased when the occurrence took place. Ratipal Singh was formerly employed in the Army. Later on he took up employment in the R. P. F. He was staying 5m Semaur for about 15 years prior to the occurrence. Jagdeo Singh appellant is real nephew of Ratipal Singh deceased. The other appellants are said to be Jagdeo Singh's helpers and friends. Raj Bux Singh appellant was the Pradhan of village Semaur at the time of occurrence.

3. The prosecution case is that there was bitter enmity amongst Ratipal Singh deceased and Jagdeo Singh appellant since before the occurrence. When Ratipal Singh was in service Jagdeo Singh was looking after his agricultural land. On return from service Ratipal Singh deprived him of the benefit which he was deriving from the property of Ratipal Singh. Jagdeo Singh then started living separately. Later on Arhar crop of Jagdeo Singh was stolen by somebody and he lodged a report under S. 379 I. P. C. against the deceased and others. On 9-7-1973 Jagdeo Singh tried to assault the deceased with a Gandasa. A report (Ex. Ka-17) was lodged by Ratipal Singh against Jagdeo Singh and others with respect to that incident. The house of Jagdeo Singh in village Semaur was demolished by Ratipal Singh and then Jagdeo Singh shifted to his Sasural in Ballipur. About three weeks prior to the occurrence an armed dacoity was committed at Ratipal Singh's house wherein his son was injured and later on he succumbed to his injuries. In report, Ex. Ka-19, lodged by Ratipal Singh about that dacoity he had named Jagdeo Singh who was arrested in that connection and was bailed out. The prosecution contends that on account of these enmities Jagdeo Singh was looking for an opportunity to commit Ratipal Singh's murder. Ratipal Singh deceased owned a Mahuwa grove known as Mauhari which is to the west of the abadi of village Semaur. Mahuwa fruits of that grove were dropping for about a fortnight prior to the occurrence. One Ram Das was looking after that crop on Batai basis. Ratipal Singh used to go to that grove every morning to have his half share in the crop. At about 10 A. M. on 7-4-1974 Ratipal Singh was, as usual, going to the aforesaid grove. At a distance of about 100 paces to the west of the house of the deceased on his way to Mauhari there is the house of Smt. Piara Bhujain C. W. 1 which faces towards west. She is a widow and resides all alone at her house. As soon as the deceased reached near that house the four appellants suddenly appeared. Jagdeo Singh had a gun, Kali Bux Singh had hand-grenade, Raj B