JUDGMENT

Pattanaik, J.-The appellant Padam Singh and his co-accused Desh Raj were convicted by the Sessions Judge, Bulandshahr in Sessions Trial No. 260 of 1980 for the offence under Sections 302, 307, 452, 148, 324 read with Section 149 IPC and were sentenced to imprisonment for life for their conviction under Section 302 and other sentences for other offences with the direction that the sentences would run concurrently. Both of them preferred appeals to the High Court but co-accused Desh Raj, died during the pendency of his appeal and, therefore his appeal stood abated. The appeal filed by appellant-Padam Singh was heard by a Bench of Hon ble Justice G.P. Mathur and Hon ble Justice Kundan Singh. Hon ble Justice Mathur, came to the conclusion that the prosecution has failed to establish its case beyond reasonable doubt against the accused appellant and, therefore, he is entitled to benefit of doubt. Justice Kundan Singh however disagreed with the conclusion of Hon ble Justice Mathur and came to the conclusion that the prosecution has been able to prove its case successfully with reliable and convincing evidence beyond reasonable shadow of doubt and as such, dismissed the appeal. In