I. P. Singh, J.

1. Hardwari, Rajju, Sarju, Babu Ram s/o Manni, Dilawar s/o Haidwari and Nathu s/o Lallu, appellants have preferred this appeal against the judgment and order of Sri J. N. Bansal, II Additional Sessions Judge, Farrukbabad, dated 10-8-1977, passed in S.T. No. A-2 of 1977 State v. HARDWARI, convicting and sentencing each one of the appellants under Section 302 read with Section 149 IPC to imprisonment for life and under Section 147 IPC to one year RI. Both sentences were to run concurrently.

2. Hardwari, Rajju, Sarju, Babu Ram (four appellants), Ram Nath (since murdered) and Maiku (died after the present occurrence) are sons of Manni, resident of village Rasoolpur, P. S. Kaimganj, District Farrukhabad. Dilawar appellant is son of HARDWARI appellant. Nathu is son of Lallo and belongs to the same village.

The prosecution case is that four days prior to the instant murder of Sughar Singh of village Rasoolpur one Ram Nath brother of Hardwari appellant was murdered. In the FIR lodged about the murder of Ram Nath, Sughar Singh deceased was named as one of the murderers.

3. On 1-5-1976 Asha Ram complainant PW 1 husband of sister of Sughar Singh deceased r/o village Ta