Hon’ble Bharat Bhushan, J.—The appellants have directed this appeal against the judgment and order dated 7.6.1983 passed by the then 5th Additional Sessions Judge, Budaun in Sessions Trial No. 427 of 1981 arising out of Case Crime No. 135 of 1980 (State v. Prempal and another), Police Station (in short P.S.) -Islamnagar whereby the appellants were convicted under Section 302 IPC and sentenced to life imprisonment.

2. According to the informant Savitri Devi (P.W-10), her deceased husband Charan Singh was practicing medicine and living at the residence of appellant/accused Prem Pal Singh Thakur, at village Nachni, District Budaun. It is alleged that the deceased Charan Singh developed illegitimate physical relationship with one Susheela, sister of appellant Prem Pal Singh. Prem Pal Singh and his family members got infuriated and kept on looking the opportunity to eliminate deceased Charan Singh.

3. Informant tried to reason with her husband but of no avail. In fact he procured a country made pistol for his protection. Six days prior to the incident both the appellants Prem Pal Singh and Babu Lal got the deceased Charan singh arrested for possession of unlicensed weapon. He wa