(1.) K. Narain, J. These two appeals by Ajai Kumar and Bachchan are directed against the judgment and order dated 20. 12. 78 rendered by IVth Additional Sessions Judge, Agra, in S. T. No. 258 of 1978 convicting the appellants of the offence under Section 3u2/34, I. P. C. in respect of an occurrence of the evening of 24. 3. 78 in which Pramod Kumar alias Kallu was murdered.
(2.) PAPPU alias Aruj Raju and Munnn ware also tried in the same trial and were acquitted with a benefit of doubt in respect of the same charge.
(3.) THE prosecution had examined five witnesses in all in order to bring home the charge against the accused. THEy were P. W. 1 Nami Chand, P. W. 2, Chhotey Lal, the witnesses of occurrence itself, P. W. 3 R. D. Tyagi S. I. of Police who had investi gated the case and P. W, 4,h. C. Moharrir Lal Bahadur Singh, who had prepared the chik on the basis of first information report and P. W. 5 Dr. Prem Prakash.