MARKANDEY KATJU, J.

( 1 ) THESE two appeals have been filed against the impugned judgment dated 1. 3. 2002 of the Allahabad High Court in Criminal Appeal No. 482 of 1981.

( 2 ) ONE of the appeals has been filed by the complainant and the other by the State Government.

( 3 ) HEARD learned Counsel for the parties and perused the record.

( 4 ) THE prosecution case as disclosed in the FIR lodged by Anil Prakash Shukla (PW1) was that about 1-1/2 years prior to the occurrence in question Atul Prakash Shukla, brother of the first informant was beaten by accused Arvind Shukla and despite having assaulted him, accused Arvind tried to implicate Atul Prakash in a false case but could not succeed. Since then Atul Prakash Shukla and Arvind were on inimical terms. It was further alleged that on 21. 10. 1979 first informant Anil Prakash Shukla and his brother Atul Prakash Shukla, deceased in this case, were going to their residential house after taking a round in the market and when they were in front of the house of Shyam Babu Sharma in Mohalla Gumti Qasba Auriya accused Arvind @ Pappu and Virendra Dubey suddenly appeared there. They cried that Atul be killed whereupon accused Arvind gave on