1This criminal appeal arises out of a judgment and order passed by learned Sessions Judge, Budaun, dated 11-8-1981, whereby the learned Judge has convicted the appellant Bhurey alias Kishan Pal to imprisonment for life under S.302, IPC and the appellants, Virendra Singh and Satyavir Singh to imprisonment for life under S.302 read with S.34, . As one other accused Jeet Singh died during the trial, he was not tried.

3. The report was taken down in the presence of SI Sukhpal Singh, PW - 5, who is the first investigating officer of this case. At about 8 p.m. PW - 5 Sukhpal Singh claims to have recorded the statements under S.161, Cr.P.C. of Ram Singh at the Ujhani Hospital. After that he recorded the statement of Mahendra Pal Singh, the informant of this case, Ram Singh died in Ujhani hospital at 9.10 p.m. in the presence of PW - 5, SI Sukhpa