1. Heard Sri S. V. Singh, Amicus Curiae for the appellants, Sri J. K. Upadhyay, learned AGA assisted by Smt. Manju Thakur, State Law Officer.

2. This criminal appeal has been preferred by appellants Chandrika alias Jokar and Kalloo against the judgment and order dated 25.10.1990 passed by Session Judge, Fatehpur in S.T. No. 210 of 1990 by which both the appellants have been convicted and sentenced to imprisonment for life under Section 302 IPC read with Section 34 IPC and one year rigorous imprisonment under Section 323/34 IPC.

(A) In brief the facts of the case, as emerging out from the F.I.R. and the evidence on record are that when the complainant Suresh Kumar, his father Lalu Prasad since deceased and his younger brother Rajesh Kumar aged about 8 years while going back from their hut outside the village after taking their food to their house inside the village reached near the house of Mahabir near the Neem tree in the lane, they met Chandrika Chamar and Kalloo Kurmi, who were armed with shot guns. As Suresh Kumar flashed his torch at them Kalloo and Chandrika fired at Lalu Prasad and killed him. The complainant and his brother raised cries for help and tried to catc