UMESH CHANDRA SRIVASTAVA,J. - (1.) This appeal has been filed against judgement and order of IInd Additional Sessions Judge, Rampur passed in State v. Nanhey Ali and Others, S.T. No. 19 of 1981, dated 20.9.1983 , arising out of Case Crime No. 302 of 1980, Police Station Bilaspur, district Rampur by which appellants Ashiq Ali and Nabi Husain along with six others had been convicted and sentenced with two years R.I. under section 148 IPC, life imprisonment under section 302 read with section 149 IPC, ten years R.I. and Rs. 1,000/- fine and in default one year imprisonment under section 460 IPC and one year R.I. under section 323 read with section 149 IPC.
(2.) Facts giving rise to appeal in brief are as under:-
(3.) In the intervening night of 5/6 October, 1980 at 12 o'clock, Nanhey Ali being armed with SBBL gun, Ashiq Ali, Jamat Ali and Tufail Ahmad being armed with Tabal, Nabi Husain, Chunnu Khan and Salawat Khan being armed with country made pistol and Nabi Shah along with four or five others being armed with lathi came to the house of Roop Chand and caused injuries with their respective weapon as a result all three sons of Roop Chand, namely, Rajaram, Om Prakash and Godey Lal died on the spot in their house and their mother Smt. Chaina also received injury of firearm on her back. Besides Smt. Chaina and other inmates of the house, above incident was witnessed by Ram Swaroop, Sukhi @ Sukhpal, Govind, Ram Prasad, Hulasi and Hari Ram also in the light of lantern which was burning inside the house and torch which Ram Swaroop and Hari Ram were carrying in their hands and flashing.;