(1.) N. S. Gupta, J. Accused appellants Jai Jai Ram, Ram Chandra and Girdhari, who were convicted by judgment and order dated 21-5-1980 by Sri P. K. Jain, the then Vth Additional District and Sessions Judge, Famikhabad in S. T. No. 382 of 1979 under Section 302/34 and Section 394/397, IPC and were sentenced to im prisonment for life under the first count and 7 years R. I. under the second count, have come up in appeal before this Court.
(2.) THE prosecution story, briefly stated is as follows :
(3.) A FIR Ex. Ka-1 was written by Om Prakash, son of the deceased on the dicta tion of his father Anokhey Lal deceased. Om Prakash PW-I took the deceased, in jured Chheda Lal and Ram Bharosey Lal to the police station Kotwali where he lodged the report Ex, Ka-1 at about 8. 30 p. m. on 20-3-1979, that is just within an hour of the occurrence.