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 Ra