PALOK BASU, J. - (1.) This appeal has been filed by Harban Sahai, Sarwan Sahai (both brothers) Virendra and Vimlesh, who is nephew (Bhanja) of appellants No. 1 and 2, against their conviction under Section 302/ 34, IPC and sentence of imprisonment for life awarded to them by the VI Additional Sessions Judge, Shahjanpur on 16-2-1979 in Sessions Trial No. 418 of 1978.
(2.) The charge against the appellants was that on 6-1-1978 at about 4.30 p.m. they in furtherence of their common intention caused the murder of one Jagdish Prasad in village Kamalnainpur, falling within police station Kanth, district Shahjahanpur.
(3.) The prosecution case as disclosed by Shashi Bhushan, informant, who is said to have lodged a first information report about the incident on 6-1-1978 at 6-30 p. m. is that he and Jagdish Prasad were returning from Shahajahanpur and when they reached the sugarcane field of one Maiku at about 4.30 p.m. the appellants came out of that field, from the sugarcane plants. The appellants Harban Sahai, Vimlesh were having guns whereas the other two had lathis. Sarwan Sahai and Virendra exhorted that today the death of the father should be avenged and the deceased should not be let off. The informant and Jagdish Prasad ran to save themselves. When Jagdish Prasad reached the field of Shyam Manohar, having wheat crop, Harban Sahai and Vimlesh fired their guns, as a result of which Jagdish Prasad fell down. Several witnesses, including Shiv Sagar Lal (PW 2) reached the spot and on their challenging, the appellants ran away. Arrangement was immediately made to take Jagdish Prasad to the doctor, but he collapsed on the Rasta.;