Hon'ble Mrs. Vijay Lakshmi,J.

This criminal appeal is directed against the judgment and order dated 8.11.1983 passed by the III Additional Sessions Judge, Allahabad, in S.T. No. 448 of 1981 whereby convicting and sentencing the appellants Guddu alias Mohamad Sadiq and Ibn-e-Ahmad for three years R.I. u/s 307 I.P.C. and appellants Saddan and Sabir for two years R.I. u/s 307 I.P.C. read with section 34 I.P.C.

2. Heard Shri Satish Trivedi, learned Senior Advocate, assisted by Shri Ajai Kumar Pandey on behalf of the appellants and Ms. Anjum Haq, learned AGA on behalf of the State. Perused the record.

3. The prosecution case in brief is that injured Medi Lal, his brother Chhedi Lal, who is the first informant, and the accused appellants all are residents of Village Beli, Allahabad, which is mostly populated by the members of two communities Muslims and Yadavs. There is persistent enmity between both the communities living in village Beli. The injured and the first informant belong to Yadav community whereas the accused-appellants are Muslim. On 18.5.1978 at 8.30 A.M. the injured Medi Lal was returning back to his village on a bicycle after selling milk in the city. His brothe