Judgment

Dr. Arijit Pasayat, J. —

1.Appellants call in question legality of the Judgment rendered by a Division Bench of the Allahabad High Court upholding the conviction of the appellants for offence punishable under Section 302 of the Indian Penal code, 1860 (in short the ‘IPC’). So far as the appellant Aizaz- A1 is concerned, the High Court also upheld his conviction for offence punishable under Section 307 read with Section 34 IPC. The two other appellants were found guilty of offence punishable under Section 302 read with Section 34 IPC and Section 307 read with Section 34 IPC. It is to be noted that four persons faced trial though the learned VIIth Additional Sessions Judge, Meerut found A-1 to A-3 guilty. The High Court directed acquittal of Imlak (A-4).

2.Background facts as projected by prosecution in a nutshell are as follows :

All the four accused are inter related and they lived in village Ikla Rasoolpur, police station Parichhatgarh, district Meerut. Informant of the case Bashir Mohammed (P.W.1) as well as Ismail (hereinafter referred to as the ‘deceased’) also lived in the same village. About 2= years earlier to the date of occurrence i.e. 4.11.1979 one Riazu disappeared