JUDGMENT

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants and respondents 2 and 3 who were co-accused persons. Respondent No.2 Tahir, appellant No.3-Azmat Ullah, appellant No.1-Chhotanney and appellant No.4-Mubarak were convicted by learned IV Additional Sessions Judge, Sitapur for offences punishable under Section 302 read with Section 201 and 148 of the Indian Penal Code, 1860 (in short the ‘IPC’). Appellant No.2-Liyakat and respondent No.3-Abdullah were found guilty of offence punishable under Section 302 read with Section 149 IPC and Section 147 IPC.

2.Prosecution version in a nutshell is as follows:

On 18.11.1977 one Zahid Khan (hereinafter referred to as the ‘deceased’) was killed. and one Azhar Beg alias Gobrey, father of appellant Azmatullah was done to death earlier and in that murder case, deceased Zahid Khan was also one of the accused. Zahid Khan was released on bail a few months before the occurrence of 18.11.1977. Ever since the release of Zahid Khan on bail, the accused had an eye on him and wanted to liquidate him. On 18.11.1977 at about 2 p.m. deceased Za