JUDGMENT

Arijit Pasayat, J.-The appellant questions his conviction for offence punishable under Section 302 read with Section 34. Section 307 read with Section 34 and Section 394 of the Indian Penal Code, 1860 (in short the IPC ).

2. Trial Court had convicted the appellant and 3 others who faced trial with him for the offences relatable to Sections 302 and 307 read with Section 34; and Section 394 IPC. Each was sentenced to undergo imprisonment for life for the first offence and for the other two offences 5 years imprisonment on each count. All the four accused persons preferred appeal before the High Court. During pendency of the appeal before the High Court two of them, namely, Iqbal Sankar and Jungli (A-3 and A-4 respectively) died and the appeal stood abated so far as they are concerned. The conviction and sentence were maintained so far as the appellant and A-1 Devi Shankar are concerned. It is pointed out that the SLP filed by A-1 Devi Shankar has been dismissed by this Court.

3. Prosecution version and the stand taken by the accused during trial are essentially as follows:

Arun Singh, H.P. Tewari (PWs 1, 3 respectively) and the deceased were coming after seeing the fair at Bhuv