Hon’ble Mukhtar Ahmad, J.—This criminal appeal has been preferred against the judgment and order dated 14.10.1982 passed by Additional Sessions Judge, Rampur in Sessions Trial No. 254 of 1981, convicting the appellants namely 1-Inam Ullah 2- Shafiq @ Gama 3-Rais and 4- Mehandi @ Bhatia, under Section 302 read with Section 34 of the I.P.C. sentencing each of them to the imprisonment for life. Further convicted under Section 324 read with Section 34 of the I.P.C. sentencing each of them to undergo four months rigorous imprisonment. All these sentences of each appellants are also ordered to run concurrently. Appellant No. 1 Inamullah died during pendency of this appeal as such appeal against him has been abated vide order dated 24-10-2008.

2. A synoptical resume of prosecution case is that on wednesday Aziz s/o Majid Pehelwan took the luggage of Rais Pahelwan to patti bazar in his tonga but Rais Pehelwan had not given the fair charges. Two days before the incident Aziz near the State Bank premises in Suar, demanded the fair charges from Rais Pehelwan but Rais Pahelwan abused him by saying that how he dared to demand the money ? and there was some oral altercation between them but one Nazeer Ahmed belonging to the same locality had intervened and resolved the matter.

3. First Information Report of the incident was got lodged by Iqrar PW1 stating that on 2.5.1981 at about 4.15 PM some abuses were exchanged between his brother Abrar and Shareef @ Dilphar brother of Rais Pahelwan in which Abrar had slapped Shareef @ Dilphar. Thereafter Shareef @ Dilphar had gone to his house and Abrar came to the Taal of one Doola Mian and sat on a cot near Aziz. After some time brothers of Sharif @ Dilphar namely Rais Pahelwan armed with chhuri, Shafiq @ Gama having Tamancha (country made pistol) his father Inam Ullah having knife alongwith one Mehandi @ Bhatia came there and started to abuse his brother.He also reached there. Rais Pahalwan threatened Aziz by saying that they shall also give payment to him. Thereafter altercation took place and all of them went towards Dak Bunglow Tiraha exchanging the abuses. Aziz was started to be assaulted with knife and chhuris. He, his brother Abrar and Manjoo tried to save Aziz but meanwhile fire was opened on Abrar. Rais, Inamullah and Mehndi @Bhatia also assaulted them with knife and chhuris. On hue and cry Ali Jan, Amin PW3 Doola Mian PW4 and Mohammad Yusuf PW5 of the same locality came there and saved them. Aziz succumbed to the injuries on the spot. First informant Iqrar, his brother Abrar and Manjoo sustained serious injuries. Iqrar took Abrar Hussain and Manjoo Khan in a rickshaw to the police station Suar, Rampur where a criminal case bearing case crime no 61 under Sections 302, 307/34 I.P.C. was registered against accused persons. Chick F.I.R. was transcribed by Head Muharrir Parshu Ram Sharma (PW-13), who also made entries in G.D. Injured Abrar and Manzoo were sent for medical treatment to Primary Health Care Centre Saur.

4. The investigation was initially taken over by Sub-Inspector H.S. Pawar (PW-10), he went to the Hospital Suar, Rampur and recorded the statements of injured Abrar and Manjoo Khan. He then visited to the place of occurrence and conducted inquest of dead body of Aziz and prepared inquest report (Ex-Ka11) and other relevant papers and sent the dead body to the District Hospital Suar Rampur through Constable Harpal Singh and constable Suresh Chandra (PW-14) for post-mortem. He also prepared the site plan (Ex-Ka-12) of the spot and made recovery of plastic shoes (Ex.3) belonging to the deceased Aziz,one empty bag, one pair of black chhapal left by accused persons and prepared Memo to that effect He also took in his possession the blood stained and simple earth from the spot, duly sealed them in separate containers (Ex.6 and 7) and prepared a Memo (Ex-Ka 13) to that effect. He thereafter recorded the statements of the witnesses. On 3.5.1981 Manjoo Khan also died due to the inju