JUDGMENT :

Raj Beer Singh, J.

This appeal has been preferred against the judgment and order dated 30.11.1990 passed by the Learned Sessions Judge, Banda in session trial No. 303 of 1989 (State vs. Nathu & three Ors), under Section 302/34 IPC, P.S. Kamasin, District Banda, whereby all the four accused-appellants, namely, Natthu, Suleman Khan, Harchhatiya and Kamta have been convicted under Section 302/34 of IPC and sentenced to undergo imprisonment for life.

2. According to the prosecution case, there was enmity between complainant Ghanshyam and persons of Yadav and Muslim community. On 13.05.1989, while complainant Ghanshyam, his brother Shiv Sagar and his crop-sharer (bataidaar) Raj Bahadur were present at their 'dera' (residential accommodation in jungle), at around 11:30 p.m. they heard noise and commotion from side of 'dera' of Badri Yadav. As complainant accompanied by his brother and crop-sharer reached there, accused-appellant Nathu having gun, Suleman Khan having lathi, Harchhatiya having pharsa and Kamta having spear, made exhortation that complainant and his companions have disturbed them a lot and they ran to apprehend and kill them. All the four accused persons ran towards