Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a Division Bench of the Allahabad High Court upholding the conviction of the appellants for offences punishable under Section 302 read with Section 34 and Section 323 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). The learned Additional Sessions Judge, Bijnor had found the accused appellants guilty and had sentenced each to undergo RI for life for the first offence and six months’ RI for the second offence. The sentences were directed to run concurrently. One Leela Singh who faced trial alongwith the appellants was given the benefit of doubt and was acquitted of the charges.

3.Background facts in a nutshell are as follows :

The incident is alleged to have taken place on 17th June, 1980 at about 6.00 p.m. at Village Bilai, which is also 4 Kms. at a distance from the Police Station Haldaur, District Bijnor. The report of the incident was lodged at Police Station Haldaur on that very day at 8.30 p.m. The allegations of the prosecution as would appear from the written report (Exhibit Ka-8) are that a day before the incident sometime in the evening boundary of the fi