(Delivered by Hon. Om Prakash-VII, J.)

This Criminal Appeal has been preferred by the appellants Jageshwar and Daya Ram against the judgment and order dated 8.9.1982 passed by Vth Additional Sessions Judge, Fatehpur in S. T. No. 380 of 1981 (State Vs. Jageshwar and others) pertaining to crime No. 110 of 1981, under Sections 302/120-B of the Indian Penal Code (in short "the IPC"), Police Station Kotwali, district Fatehpur whereby the accused appellants have been convicted under Section 302/34 IPC and sentenced to undergo for life imprisonment. Co- accused Ram Lakhan has been acquitted by the trial court.

The prosecution story, in nutshell, is as follows:-

On 6.3.1981, one Ram Lakhan, husband of the deceased, moved a written report (Ex. Ka 3) at police station concerned mentioning therein that in the previous night informant was present in his flour mill with his partner Bhagwan Deen Murai. At about 6 A.M. when he came to his house then he found that several persons were present at his residence. Smt. Media, wife of the first informant was lying dead on the cot. Meera, aged about 10 years, daughter of the first informant, and his wife Smt. Media both were present in the ho