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.

2. The prosecution allegations as mentioned in the FIR were that on 23-7-1980 at about 5 p.m. the informant Mahendra Pal Singh, PW - 1 was returning to his village after cremating Rajeshwar Singh's new born son accompanied by his elder brothers, the deceased Ram Singh and Dharam Pal Singh, PW - 4, and younger brother Brijendra Pal Singh and co - villager Chandra Pal. Deceased Ram Singh, was 15-20 paces ahead of the witnesses. Wh