JUDGMENT

G.P. Mathur, J. — This appeal, by special leave, has been filed against the judgment and order dated 23.11.2001 of High Court of Judicature at Allahabad by which the appeal filed by the appellant against his conviction under Section 302 read with Section 34 IPC and sentence of imprisonment for life imposed by learned First Additional Sessions Judge was dismissed and his conviction and sentence was affirmed.

2. Two persons, namely, the appellant Munney @ Rahat Jan Khan and Sarwar were tried for offences under Sections 302 and 307 both read with Section 34 IPC for having committed the murder of Iqbal Farooq Ahmad and for having attempted to commit murder of Abrar Ahmad @ Raju when Sarwar fired upon him by country made pistol. According to the case of the prosecution, the deceased Iqbal Farooq Ahmad was working as Reader in District Court at Rampur. His father Abdul Gaffar Querreshi, who had retired from the post of Munsarim in the District Court, had purchased a house in Mohalla Guiyan Talab in the city of Rampur in which Sakhawat accused was a tenant. A suit for arrears of rent and eviction was filed by Abdul Gaffar Querreshi which was decreed and in execution of the decree S