JUDGMENT :

(Renu Agarwal, J.)

1. The present Criminal Appeal has been filed against judgment and order dated 30.01.1984, passed by Sri Gopal Swarup Sinha, VIIth Additional Sessions Judge, Lucknow, in Session Trial No.508 of 1982 (State Vs. Sumar and others), under sections 302 IPC read with section 34 IPC, Police Station Mall, District Lucknow, convicting and sentencing the accused appellants with rigorous imprisonment for life.

2. Wrapping the facts in brief, complainant Smt. Makana was sleeping alongwith her children in her house on 30.04.1981. On 30.04.1981 at about 5.30 a.m. when she heard the cries of her husband Mithan, who was sleeping in Khaliyan she immediately rushed toward the place of occurrence alongwith Sardar son of Shatau and Shazade son of Subhan who were present in their Khaliyan. She saw that Sumar @ Jhuri son of Molhay, Mangre son of Molhay, Sulaman son of Naththa were beating her husband by lathi and kanta, when they reached at the place of occurrence all of them took to their heels. Her husband sustained injuries in this incident and was carried to police station in unconscious state. She reached the police station and lodged FIR. On the basis of oral informati