1. These appeals have been filed against the judgment of conviction and order of sentence dated 27.01.1982 passed by IIIrd Additional Sessions Judge, Hardoi in Sessions Trial No. 185 of 1981, whereby and whereunder he convicted all the appellants under Section 302 /34 of the I.P.C. and sentenced them to undergo imprisonment for life.

2. Since, the above appeals arose from the same judgment passed in the above Sessions Trial, thus, they are heard together and disposed of by this judgment.

3. The case of prosecution in brief is that on 01.01.1981 at about 11:00 A.M. uncle of the informant namely Shanker ( deceased) had gone to his field for bringing green fodder ( Chara). As soon as he reached there, appellants armed with Bhala and Lathi reached there and started abusing him. When the deceased forbid them from abusing, they exhorted themselves for breaking the hands and legs of deceased and started assaulting him with the weapons carried by them. It is submitted that the informant and other witnesses present near the place of occurrence, challenged the appellants then they fled away. It is further submitted that the uncle of informant received several injuries caused by Bhala and Lathi. Thereafter, the deceased was brought to the police Station, where First Information Report was lodged.

4. On the basis of aforesaid F.I.R. police had instituted case Crime No. 1 of 1981 under Sections 324 and 325 of the I.P.C. on 01.01.1981 at 1:15 P.M. and took up investigation. It appears that after lodging the First Information Report, the injured ( deceased) was sent to Bilgram Hospital for medical examination. The doctor ( PW-6) medically examined him on 01.01.1981 at 1:30 P.M. It is further stated that the doctor referred the deceased to Sadar Hospital, Hardoi for better treatment. It appears that informant and others brought the deceased to the bus station for catching bus. At that time itself, the Investigating Officer ( PW-3) arrived at bus station and recorded the statement of informant and deceased under Section 161 of the Cr.P.C. Thereafter, the deceased was brought to Sadar Hospital, Hardoi. It further appears that in course of treatment the deceased died on the next day in the evening. Thereafter, the doctor ( PW-4) conducted postmortem examination on the dead body of the deceased on 03.01.1981 at 4:35 P.M. and opined that the deceased died due to shock and hemorrhage, as a result of ante-mortem injuries. Thereafter, the police added Section 304 of the I.P.C. in the First Information Report. It appears that after completing the investigation, the Investigating Officer submitted charge-sheet under Section 304 /34 of the I.P.C. against all the appellants. The learned Chief Judicial Magistrate took cognizance of the offences and then committed the case to the court of sessions as the offence under Section 304 of the I.P.C. is exclusively triable by the court of session.

5. After commitment, the present sessions trial instituted and then learned Sessions Judge framed the charge against the appellants under Section 302 of the I.P.C. and explained the same to the accused person to which they pleaded not guilty claimed to be tried. During the trial, prosecution had examined altogether seven witnesses in support of its case. The prosecution had also brought on the record several documentary evidences including dying declaration of the deceased recorded by the investigating Officer under Section 161 of the Cr.P.C. After close of the prosecution case, the appellants were examined under Section 313 of the Cr.P.C., in which their defence is of total denial. After considering the oral evidence, dying declaration and medical evidence, learned trial court concluded that the present case falls under Clause thirdly of Section 300 of the I.P.C. and thus, the appellants had committed offence of murder. Accordingly, the learned trial court convicted all the appellants under Section 302 /34 of the I.P.C. and sentenced them to undergo impris