JUDGMENT

Dalveer Bhandari, J. —

1.This appeal is directed against the judgment dated 16.02.2001 passed by the Division Bench of the High Court of judicature at Allahabad in Criminal Appeal No.2786 of 1980.

2.Brief facts which are necessary to dispose of this appeal are recapitulated as under:

3.Lakhi Ram deceased and his brother Jai Singh, PW1 were sitting at the residence of Sahid Akhtar PW3 at 8 a.m. on 27.1.1979. Accused Gajey Singh and his father Mehar Singh came there at that time and immediately thereafter, some quarrel took place between Lakhi Ram deceased and Mehar Singh, father of the accused persons. On the intervention of Sahid Akhtar and Virendra, the matter was settled at that time and thereafter all of them proceeded to their respective houses.

4.It is alleged that at about 9.30 a.m., on the same day, Lakhi Ram followed by Jai Singh and his father Godha Singh, PW2 were going towards their field for the ‘chhol’ (harvesting of sugarcane crop) and when they reached in front of the house of Mehar Singh, Gajey Singh came there and caught hold of Lakhi Ram. Jai Singh and Godha Singh reached there and separated Lakhi Ram and Gajey Singh. In the meantime, Rajpal Singh came there w