N.L. Ganguly, J.

1. The Ave appellants, Mulla, Shanker, Ram Prakash, Rani Raja and Munna, preferred the above appeal against the judgment and order passed by the Sessions Judge, Jalaun at Orai in Sessions Trial No. 119 of 1977 convicting all the appellants under Section 302 read with Section 149,I.P.C. and sentencing each of them to life imprisonment. The appellants, Munna. Shanker and Ram Prakash, were convicted under Section 148,1.P.C. and sentenced to 1 1/4 years R.I. and appellants Ram Raja and Munna were convicted under Section 147, I.P.C. and sentenced to one year R.I. All the sentences to run concurrently.

2. The F.I.R. was lodged by Dulichand about the occurrence which had taken place at 3.40 p.m. on 19.6.1974 in village Sandhi. P.S. Ata. District Jalaun. The F.I.R. was registered at 4.40 p.m. on 19.6.1974. The distance of the police station from the village is two miles towards south.

The F.I.R. was lodged under Sections 147, 148 and 324, I.P.C. by Dulichand, which was orally-dictated to the Head Constable. Dulichand later on died at the hospital. In the incident Ram Prasad had also received injuries, who had also died at 2.35 a.m. on 20.6.1974.

3. Shanker aged a