JUDGMENT :

Hon'ble Narendra Kumar Johari, J.

1. Present Criminal Appeal under Section 374 (2) Cr.P.C. has been filed by the accused-appellants Hari Shanker, Lavkush and Radhey Lal against judgment of conviction dated 25.02.1989 and order of sentence dated 27.02.1989, passed by learned IInd Additional Sessions Judge, Lucknow in S.T. No.356 of 1987, arising out of Case Crime No.108 of 1987, under Section 302 I.P.C., Police Station Banthara, District Lucknow. By the impugned judgment and order, appellants have been convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life.

2. The factual matrix of the case is that, on 20.06.1987 the informant Om Prakash Yadav had given a written Tehrir at Police Station -Banthara, District Lucknow that today, i.e. on 20.06.1987, he was washing his hands and legs at the platform of the well, situated in front of his house. A cot was also lying near the well upon which his sister Shanti and younger brother Shri Prakash were sitting. His father Raja Ram Yadav was sitting at the Thakht (wooden plank) under the thatched roof, which is adjacent to the main gate of his house. At about 7.15 P.M., accused persons Hari Shanker,