Hon’ble Shamsher Bahadur Singh, J.—This criminal appeal calls in question the judgment and order dated 11.11.1982 passed by the 5th Additional Sessions Judge, Fatehpur in S.T. No. 428 of 1980 arising out of Case Crime No. 200 of 1980, under Section 304 IPC, P.S. Kotwali, District Fatehpur, whereby the accused-appellants namely Sheolal, Bachchi Lal, Prahlad and Chandra Pal have been convicted and sentenced to undergo imprisonment for life for having committed the offence of murder of Chhatarpal Singh punishable under Section 302 read with Section 34 IPC.

2. Heard Sri Sarvesh assisted by Smt. Usha Srivastava, learned counsel for the appellants and Sri Chandra Jeet Yadav, learned AGA for the State.

3. The brief facts leading to prosecution of appellants are as follows;

On 11.5.1980 at about 5.30 p.m., the deceased Chhatrapal Singh son of Sheo Narain Singh, resident of village Muchuwapur, P.S. Kotwali, District Fatehpur accompanied by his son Suresh was going towards village ‘Dhamia’ for purchasing kerosene oil from a Government shop. On the way, when they arrived near the ‘Garhai’ (small pond) in front of the house of accused Chandra Pal and Prahlad, all the four accused namely Sheolal son of Mahangu Pasi, Bachchi Lal son of Nathu Pasi, Prahlad son of Lala Chamar and Chandrapal son of Murli Chamar, all residents of Village Muchuwapur, P.S. Kotwali, District Fatehpur armed with ‘lathies’, surrounded the deceased Chhatrapal Singh and started assaulting him while remarking that they are giving the reward for removing ‘palanquin’ (Palki) from the marriage procession which had arrived at the house of Murli Chamar, father of co-accused Chandrapal on 10.5.1980. Seeing the assault on his father, the informant Suresh raised an alarm. On hearing the alarm Ram Sajiwan, Ram Sagar, Ganga Sagar, Ram Ratan, Thakurdeen and Musammat Shivpyari reached the spot. Seeing the villagers the accused persons left the deceased and flew away. The deceased became unconscious because of the injuries sustained by him and was taken to the hospital with assistance of the villagers. The FIR of the incident was lodged with the police on the same day at about 22.30 hours by Suresh and a case was registered under Section 308 IPC. On the following day, i.e. 12.5.1980 at about 11.30 a.m., Chhatarpal Singh succumbed to the injuries in Civil Hospital, Fatehpur.

4. After registration of the case, the I.O. proceeded with the investigation in accordance with law. The necessary formalities of inquest were completed by S.I., Pyarey Lal Sharma and he sent the dead body of the deceased for post mortem with necessary papers connected therewith. The post mortem of the deceased was conducted by PW 1, Dr. Anand Swaroop on 13.5.1980 at about 4 p.m. and he had noted the following ante mortem injuries on the person of the deceased:

1. Stitched wound 4'’ long on right side of scalp, 3'’ above right ear.

2. Stitched wound 2'’ long on right side scalp, 2'’ above right ear.

3. Stitched wound 3'’ long on top of head just adjacent to No. 1.

4. Stitched wound 2'’ on the top of head.

5. Stitched wound 2 ½ ‘’ long 4'’ above left ear.

6. Stitched wound 1'’ long 2'’ above the left ear.

7. Stitched wound 2'’ on the back of head.

8. Stitched wound 2 ½’’ long just near to injury No. 7.

9. Contusion 2'’ x 1'’ on right lower eyelid.

10. Stitched wound ½ ‘’ x ½’’ above left eyebrow.

11. Contusion 2'’ x 1'’ on left lower eyelid.

12. Stitched wound 1.5'’ long on left cheek.

13. Lacerated wound 8/10'’ x ½’’ on left half of upper lip.

14. Stitched wound ¾’’ just right to the nose.

15. Stitched wound 1'’ on the chin ½’’ below the lower lip.

16. Stitched wound 1'’ x ½’’ below injury No. 15.

17. Teeth - 15/14 and the corresponding sockets filled with clotted blood and gum margins lacerated.

18. Lacerated wound 2/10'’ x 1/10'’ on the back of left hand.

19. Abrasion 1'’ x ½’’ on back of right index finger.

20. Contusions in an area of 3.5'’ x 2'’ on the top of right shoulder.

21. Contusion in an are