M, M.LAL, J. - (1.) THIS is an appeal against a judgment and order dated 16-6-1978 passed by Sri J. N. Bansal, the then 1st. Additional Distt. and Sessions Judge, Bulandshahr, by which he has convicted the above named five appellants under Section 148, 201 and 302149, I. P. C. and has sentenced each of them to undergo rigorous imprisonment for 2 years, 3 years and life imprisonment res­pectively thereunder,
(2.) ACCORDING to the case of the prosecution, on the evening of 19-2-77 Iliyas deceased had spotted Gyani appellant cutting his mustard crop with a view to steal it. When Iliyas deceased raised objection, Gyani appellant abused him. Subsequently on the same day in the evening all the five appellants came to the field and told Iliyas deceased that he was considering high of himself and .that he would be taught a lesson. It is furher the case of the prosecution that on the right of 19/20 February, 1977, at about midnight, when Iliyas deceased was sleeping at his tube well, Saw Sahai appellant armed with a gun, Gyani appellant carrying a spear remaining three appellants armed with 'Balkati' came there. There was a shriek of Ilias deceased, which attracted the attention of Mohd. Hamid informant and other witnesses, who were present at a nearby crusher. These persons pro­ceeding towards the aforesaid tube well of Iliyas deceased. However, in the way they heard cries of Iliyas deceased coming from a nearby rivulet on which these witnesses proceeded towards to said rivulet. When they reached nearby they saw the appellants, carrying the aforesaid weapons, going towards southern side. These witnesses searched the rivulet and found the deadbody of Iliyas deceased lying therein. They took out the deadbody and placed it on the bank of the rivulet. In the morning Mohd. Hamid informant, who was nephew of the Iliyas deceased, went to P. S. Chandpur, situate at a distance of 11 Kms,, Where he lodged the report of the incident on the said date at 11.30 a. m,
(3.) IN order to prove its case the prosecution examined P.W. 1 Mohd. Hamid informant, P.W. 2 Ahmad Hasan, P.W. 3 Akhiaq Ahtnad Khan and P.W. 5 Alamgir, who gave the circumstantial evidence against the appellants. P.W. 6 Ishwar Singh had taken the dead body for the post mortem examination P.W. 7 Rohtash Singh was the head Moharrir, who had registered the case. P.W, 8 Tara Chand S. I. had prepared the inquest report. The investigation of this case was conducted by P.W. 9 Peetam Singh.;