JUDGMENT

CRIMINAL APPEAL NO. 634 OF 2007 [Arising out of SLP (Crl.) No. 2284 of 2006]

S.B. SINHA, J :

Leave granted.

Appellant together with various others were tried for commission of an offence under Section 302 of the Indian Penal Code for causing murder of one Vishava Priya @ Lalla on 13.12.1992. A First Information Report in relation to the said incident was lodged by one Ashok Kumar Sharma. The incident allegedly took place at about 6 p.m. on the said date. In the First Information Report, the complainant alleged that at the said date and time when he himself and his uncle Mahendra Kumar had been getting the Pattis loaded near the road, a tempo (a three wheeler) occupied by one Ajij Naeem, Bhupendra and the appellant arrived. The accused were armed with weapons like lathi, dhariya, ballam and sariya. As there existed a dispute between the deceased and Bhupendra, apprehending that they may kill him, the complainant and the said Mahendra Kumar immediately came to the place of occurrence and found the appellant and others assaulting the deceased. They, on seeing them, ran away. A First Information Report was lodged at about 9.10 p.m. on the same day. Appellant was named