JUDGMENT

S.B. Sinha, J.—

1. The sole surviving appellant, Rajendra (Narpat, Appellant No.2 having died during the pendency of this appeal) is before us aggrieved by and dissatisfied with a judgment and order dated 23.9.2004 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No.181 of 1982 affirming a judgment of conviction and sentence dated 20.1.1982 passed by the Vth Additional Sessions Judge, Ghaziabad in Sessions Trial No.183 of 1981 under Section 302 read with Section 34 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life.

2. The prosecution case, as disclosed in the first information report lodged with the Dadari Police Station by Phoolwati (PW1), wife of the deceased Ratiram on 27.5.1981 is as under:

Ratiram was a Goldsmith. He received some ornaments from the appellant. However, he did not return the same. He had been assaulted a couple of times by the appellants. He left the village for Kanpur. He has two sons, Govinda and Jahangir Ram. Govinda also went outside the village in ‘pursuit of his new field of engagement’. Appellants are stated to have visited the house of the deceased and made enquiries