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