JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants. Before the High Court three persons had filed the appeal. During the pendency of the appeal, appellant no.2 Ram Prasad died. Therefore, the appeal was held to have abetted so far he is concerned.

3.The appellants were found guilty of having committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short ‘IPC’) and each was sentenced to undergo imprisonment for life. Appellant-Sewa Ram and the deceased-accused Ram Prasad were further convicted for offence punishable under Section 323 read with Section 34 IPC and each was sentenced to undergo RI for six months and to pay a fine of Rs.500/- with default stipulation.

4.The conviction was recorded by IV learned Additional Sessions Judge, Pillibhit, in Sessions Trial No. 249 of 1980.

5.Prosecution version as unfolded during trial is as follows :

“The complainant Shaukat Ali, son of Nathu Bux, resident of Barhara, P.S. Bisalpur, was doing service at the house of Jagan Nath, Prasad resident of village C