(1.) These are two connected appeals filed by Raja Ram (Criminal Appeal No. 3307 of 1978) and Bans Gopal and Shyam Pal (Criminal Appeal No. 3308 of 1978) against the judgment and order dated 22-11-78 passed by Sri Surya Prasad, Ivth Addl. Sessions Judge, Fatehpur in connected Sessions Trial No. 171 of 1978 and 408 of 1977 convicting the appellants u/S. 302 read with S. 34, IPC and sentencing each of them to imprisonment for life.
(2.) The charge against the appellants is that they on 17-6-77 at 1 p.m. in furtherance of their common intention, committed the murder of Sahdeo son of Pancha Garedia resident of village Laxmi Narainpur, police station Thariyon, district Fatehpur in the Usar land lying towards the east of village Chaturwa-ka-purwa within the P.S. Hathgaon, district Fatehpur.
(3.) Briefly stated, the prosecution story is that the accused Raja Ram is resident of village Laxmi Narainpur. The other two accused Bans Gopal and Shyam Pal are residents of Mohalla Maswani City, Fatehpur. They are cousins and are maternal uncles of the accused Raja Ram.