G.D. Dube, J. - (1.) This appeal has bees preferred against the judgment and order of Third Additional Sessions Judge, Pilibhit convicting and sentencing the appellant Narendra Singh under Section 302 -of I.P.C. simplicitor and Surendra Singh under Section 302 read with Section 34, I. P.C. to undergo imprisonment for life.
(2.) According to the statement of Smt. Gargi Devi, P.W. 1, Raghubir and Malkhair, were real brothers. The appellants are sons of Malkhan. The deceased is son of Raghubir. Raghubir has also a brother named Dinesh, Gargi P. W. 1 is the wife of Rameshwar. Kumari Minakchhi. Chauhan P.W 2 is the daughter of Rameshwar.
(3.) According to the prosecution there was a long standing enmity between the accused and the deceased. At about 5.30 a.m. on 13.4.1977 Narendra Singh armed with a pistol and Surendra Singh with a Danda came to the house of Rameshwar. These two appellants challenged Rameshwar and said that they will see as to how escapes death. Narendra Singh fired towards Rameshwar, Shot hit the door. Ramesh war tried to close the door of his house and thus prevented the assailants from entering into his house but he was not able to close his door. He took out his license sword and came out of his house defending himself. Surendra Singh gave several blows of Danda. Rameshwar warded off these Danda blows on his sword. Consequently Danda in the hand of Surendra Singh was cut into two pieces. By that time Rameshwar has descended from the stairs connecting his house with road. At that time two unknown persons standing on the road exhorted Narendra alias Nandu saying that he should fire towards Rameshwar and kill him. Nandu fired towards Rameshwar. Shot hit him in the chest and he fell down. near the.drain and died. It has been alleged that on the alarm raised by Smt. Gargi and Ku. Minakchhi the accused ran away towards west.;