Hon’ble Amar Saran, J.—This Criminal Appeal arises from the judgement of the IInd Additional District and Sessions Judge, Varanasi, dated 9.10.1985 convicting and sentencing the appellant Sita Ram Seth to imprisonment for life under Sections 302/34 I.P.C. and to 8 years R.I. under Section 307 I.P.C. and convicting the appellant Bharat Prasad alias Bharat to imprisonment for life under Section 302 I.P.C. and to 8 years R.I. under Sections 307/34 I.P.C. and the appellants Sudama and Deo Saran to imprisonment for life under Sections 302/34 I.P.C. and imprisonment to 8 years R.I. under Sections 307/34 I.P.C. The sentences were to run concurrently.

2. The prosecution case in a nutshell was that the appellant Dr. Sita Ram, who was carrying out his medical practice in village Kamalpur, had given some medicines to Km. Neelam Devi, grand niece of the informant Bhagwat Singh 15 days prior to the incident in question. A balance amount of Rs. 45/- was required to be paid for the medical treatment, but the deceased Brijnath Singh, was refusing to pay the said amount, which was being demanded by Dr. Sita Ram Seth and his son the appellant Bharat Prasad, as they were saying that Neelam ha