(Delivered by Justice Mukhtar Ahmad J.)

1. Challenge in this appeal is to the judgment and order of conviction dated 17.1.1983 passed by Additional Sessions Judge, Moradabad in Sessions Trial No. 586 of 1979 (State Vs. Jhandu and other) under Sections 302, 307, 149 and 147 I.P.C convicting and sentencing the appellants to undergo life imprisonment under sanction 302/34 IPC and 4 years imprisonment under section 307/34 IPC. Both the sentences were ordered to run concurrently.

2. The facts of the prosecution case in brief are that first informant Mohar Singh and accused persons are residents of the same village ''Mangupura' having adjoining agricultural plots. There was some dispute with regard to the intervening boundary (maind) which was dismantled by Jhandu and other accused about 5-6 days before the present incident. The accused persons had threatened the complainant, who subsequently lodged a report under section 504, 506 IPC. In the intervening night of 23/24 July, 1979 informant Mohar Singh, his father Gokul, uncle Shivcharan, and Natthu s/o Shivcharan were sleeping in dalan on separate cots. A burning lantern was hanging on a Khuti in the same dalan. At about 2 a.m