S.D.Khare, J. - (1.)RAM Raj Anant Ram and Bhagauti all residents of village Lorikpur, within police circle Kotwali, district Sultanpur have appealed against their conviction under Section 302 read with Section 34 I. P. C. and sentence of imprisonment for life to each
(2.)THE prosecution case, briefly stated, was that there had been a Rood deal of dispute between Ramraj Tewari (deceased) a resident of village Bachanpur, on the one hand and the fathers of Ram Raj and Anant Ram (appellants) on other regarding some land left by Behari. The contention of Ramraj Tewari was that he had been in possession of that land. The mutation court in the year 1958 recorded a finding on the point of possession in favour of Jaduram, father Ram Raj (appellant) and Ram Naresh, father of Anant Ram (appellant). Even after that decision Ram Raj Tewari (deceased) continued to remain in possession over that land. Jaduram and Ram Naresh did not institute a civil suit against Ramraj Tewari. Proceedings under Section 107 Cr. P. C. were started, but they ended in discharge of notices of both the parties as a result of compromise. The prosecution case was that on the evening of 7th July, 1963, Ram Raj (appellant) came to the house of Ram Tewari (deceased) and required of him to give up possession over the land which had been mutated in the names of his father and uncle Ramraj Tewari (deceased) did not agree and stated that he would not give up possession till he was ejected in due course of law by a competent court. Ram Raj (appellant) left the place after extending a threat to Ramraj Tewari (deceased). On the evening of 8th July, 1968, while Ramraj Tewari (deceased) was returning from the place of Badri Seth at Kurwar where he was serving, all the three appellants armed with spears launched an attack on him on the footpath near the grove of Jagannath (P. W. 4). On seeing the appellants coming out of the grove so armed, Ramraj Tewari (deceased) made an attempt to run away, but he could not do so because he was chashed and then injured by all the three appellants, with spears. The alarm raised by the injured attracted the attention of Radhey Shyam (P. W. 1), the son of Ramraj Tewari who was returning from the market of Kurwar and following his father at a short distance. Jhuri Singh (P.W. 3) was in the company of Ramraj Tewari when the attack on him was launched. Jhuri Singh had also tried to run away and was not injured because he took a different direction and then witnessed the occurrence from a short-distance. Other persons, including Bhagelu (P. W. 11) and Shiv Kumar (P. W. 12), also witnessed the occurrence.
When the witnesses reached very near the place of occurrence all the three assailants of Ramraj Tewari ran away taking their spears with them. Village Bachanpur is at a distance of less than one mile from the place of occurrence. One of the sons of Ramraj Tewari arranged for a cot and the injured was at once shifted to Kurwar dispensary. The distance between the place of occurrence and Kurwar dispensary was about one and a half furlongs. By the time Ramraj Tewari could reach the dispensary he was already dead. Dr. S.P. Bisht (P.W.2) who examined him at 6.45 p.m. stated on oath that Ramraj Tewari was already dead when he was brought to the Kurwar dispensary at 6.45 p.m. on 8-7-1963.

(3.)THE first information report of the occurrence was lodged by Radhey Shyam (P. W. l), the son of the deceased and an eyewitness of the occurrence, at police station Kotwali at 9.40 p.m. on the same day Police station Kotwali is at a distance of nine miles from the place of occurrence. The motive for the crime, the incident as it had occurred and the names of the eye-witnesses were mentioned in the first information report.