Hon’ble Arvind Kumar Tripathi, J.—The present appeal has been preferred by the appellants Ram Swaroop and Munnu Maharaj against the judgement and order dated 25.9.1982 passed by Sessions Judge, Lucknow in S.T. No. 193 of 1982 arising out of Crime No. 78A/1981, Police Station-Sahadatganj, District Lucknow, whereby the accused Ram Swaroop was found guilty under Section 302 and Munnu Maharaj was found guilty under Section 302 read with Section 34 I.P.C. and both were sentenced to undergo imprisonment for life.

2. The prosecution story unfolded as per F.I.R. and as per the prosecution case is that Nand Kishore, brother of the deceased lodged the written report before the Station Officer, Police Station-Sahadatganj, Lucknow stating that his younger sister Smt. Munni was married to Becha Lal 7 to 8 years prior to the occurrence. After sometime Becha Lal starting maltreating Smt. Munni. She was also assaulted by the family members of Becha Lal. About 3 or 4 months prior to the occurrence Smt. Munni was suffering from Scrofula disease (Kanthmala), but instead of getting her treatment, she was being beaten by Becha Lal. He also used to threaten to kill Smt. Munni. Becha Lal wanted t