1. THE present appeal is preferred against the judgment and order dated 8-12-1979 passed by III Addl. Sessions Judge, Hamirpur, convicting the accused-appellants under section 302/34 IPC and sentencing each of them to imprisonment for life.

2. THE prosecution case in brief is that on 24-12-1977 at about 8 a.m. in front of door of Prem Narayan in viillage Jamkhuri, P. S. Jariya, district Hamirpur, the accused appellants in furtherance of their common intention committed murder of Phool Singh. According to the prosecution allegations, as disclosed in the First Information Report lodged by Bans Gopal on 24-11-1977 at 9.15 a.m. at P. S. Jariya, the reporter Bans Gopal, Chet Ram, Kishor, Kalicharan and Govinda alongwith Prem Narayan were sitting in the courtyard of the house of Prem Narayan. Phool Singh (deceased)-relation of reporter was also sitting there. The deceased Phool Singh came out of the Court-yard for the purposes of urinating; and when he reached at a distance of 4 paces from the door, the accused persons who were on the roof of their house, challeneed Phool Singh saying "Yahi Hai Sheetal Ka Sala, Maro Sale Ko", and at once fired shots with their guns at Phool Si