JUDGMENT

Raju, J.-This appeal filed against the judgment dated 7-7-1998 of a Division Bench of the Allahabad High Court in Criminal Appeal No. 880 of 1980 by the second accused (Accused Nos. 1 and 3 having died during the pendency of the appeal in the High Court) relates to an occurrence on 9-1-1979 at about 4 p.m. in Mashika village resulting in the death of one Ram Chandra. The learned Additional Sessions Judge found all the three accused guilty of the charge against them punishable under Section 302 read with Section 34, IPC, and sentenced them to undergo imprisonment for life. All the three accused pursued the matter before the High Court on appeal and, as noticed earlier, the appellants 1 and 3 before the High Court died during the pendency of the appeal and the appeal was heard and disposed of confirming the judgment of the learned Sessions Judge.

2. The case of the prosecution is that on 9.1.1979 at about 4 p.m. when the deceased Ram Chandra along with Ram Lalak (PW 1), Krishna Murari (PW 2) and Rajmani were sitting on a cot in front of the shop of one Chhotey Lal Bania situate in Village Mashika, all the three accused Jata Shanker, Gopi Nath (the appellant herein) and Shyam