JUDGMENT

Faizan Uddin, J.-In sessions trial No. 395/1976 the appellant Hari Shanker was charged and tried under Section 302, IPC alongwith the respondent Shiam Behari who was charged and tried under Sections 302/34, IPC and both were accordingly found guilty and sentenced to undergo life imprisonment by the Session Judge, Budaun. The appellant Hari Shanker went up in appeal being Criminal Appeal No.2417/1977 and the respondent Shiam Behari also filed separate appeal being Criminal Appeal No. 2082/1977 against their respective conviction and sentence. The High Court of Allahabad by a common judgment dated March 27, 1987 gave the benefit of doubt to respondent Shiam Behari and, therefore, allowed his appeal and acquitted him of the offence he was charged with. However, the appeal of the appellant Hari Shanker was dismissed by the High Court against which he has filed Criminal Appeal No. 30/1988. Subhash Chand the son of the deceased Parshadi Lal has filed Criminal Appeal No. 29/1988 against the aforesaid order of acquittal of respondent Shiam Behari recorded by the High Court.

2. Briefly stated the prosecution case was that Smt. Sushila Devi, the wife of deceased Parshadi Lal had