I. S. Mathur, J.

(1.) THIS appeal is directed against the judgment and order dated 19.5.1980, passed by the Sessions Judge, Bijnor, convicting the appellant Jamuna Prasad under Sections 307 and 302, I.P.C., and appellant Ghanshiam Singh under Sections 307/34 and 302/34,I.P.C. and sentencing them to rigorous imprisonment for seven years and five years respectively for offence under Sections 307 and 307/34, I.P.C. and Imprisonment for Life for offence under Sections 302 and 302/34, I.P.C.

(2.) ACCORDING to the prosecution case, the appellants, the deceased Chhotey and injured Mukaridi belong to the same village Gopalpur. On 12.12.1978 deceased Chhotey and his brother Haria (P.W. 1) along with some other persons, started for Railway Station, Balawali, at about 7 p.m. to escort their mother and the daughter-in-law of Asha Ram who were coming by Sealdah Express. The time of arrival of the said train was 6.05 p.m., but on that date it was reported to be late by two hours. Amongst the persons who accompanied Chhotey, deceased, and Haria, Har Dayal and Mukandi had licensed guns with them. When they reached some distance near the field of Bhajna at about 8 p.m. a shot was fired at M