(Delivered by Pankaj Naqvi, J)

This criminal appeal is preferred against the judgment and order dated 27.3.1984, passed by the Sessions Judge, Aligarh in S.T No.296/1982 (State vs. Basdeo and another), convicting/sentencing the appellants under Sections 148 and 302/149 IPC to 2 years R.I and imprisonment for life respectively.

2. The case of the prosecution in a nutshell is that P.W.-1 along with his brother (deceased), were carrying carrots on a cycle, on way to Mandi on 9.1.1982, at about 8 AM, when they reached near the fields of one Moti Ram, appellants and one Babu Lal along with 4 unknown accused persons surfaced from roadside bushes, Babu Lal assaulted his brother Jawahar with kulhadi (axe). P.W.-1 and his brother tried to escape, but the cycle fell down, whereupon Rajveer, Basdeo and Babu Lal caught hold of Jawahar, inflicted him with several knife wounds. P.W.-1, who was 20 steps from the scene of assault, shouted for help, whereupon Shaitan Singh (P.W.-4), Megh Singh (not-examined) and Satendra (P.W.-3) arrived, but the accused managed good their escape. P.W-1 after ascertaining the death of his brother, left the scene, to inform his mother and other co-village