RAGHUBAR DAYAL, J. :- Sheo Shanker alias Tanu and Sheo Shankar alias Bachchu appeal against their conviction and sentence of death under S.302, I.P.C. for having committed the murder of Girdhari and Ram Singh on the morning of 4-1-1951, near Achalganj railway station.

2. The prosecution story is that these two accused appellants and one unknown person lay in ambush in the grove of Sheo Ram Brahman about three furlongs by the passage from the railway station and shot at Girdhari and Ram Singh and their companions when they had passed this grove on their way from village Bethar to the railway station. Two shots were fired. It is said that the second shot hit Girdhari on the legs. Girdhari and Ram Singh ran towards the station. Their companions also ran in the same direction but along the sides of the passage. The accuseds party pursued them and the men with guns kept on firing. Ram Singh was hit with shots just in front of the quarters of Abdul Ghani, signal inspector. He fell down there. Girdhari kept on running and was hit again after he had run about 328 paces from where Ram Singh had fallen down. Girdhari fell down on being hit at that spot. This place is about 40 paces f