Judgment :

Dr. Mukundakam Sharma

1. These two appeals arise out of a common judgment and order dated 08.11.2006 passed by the High Court of Allahabad dismissing the appeals filed by the appellants herein against their conviction and sentence under Section 302 read with Section 34 of the Indian Penal Code (for short the "IPC").

2. Shri Prithvi Pal Singh alias Chandra Prakash Singh, son of the deceased had lodged a report at the Police Station Maharajpur, District Kanpur contending, inter alia, that on 29.07.1977 while he alongwith his father, Vikramaditya Singh and one Sri Jagannath Dubey were coming back to their village by Kanpur Allahabad Passenger Train from the Court of Munsif Hawali, Kanpur where a litigation was pending between his father Vikramaditya Singh and Sri Ganesh Singh and others, they alighted at the Rooma Halt Station for the purpose of going to their house. Further allegation was that the accused Sri Shrawan Kumar, Sri Patai @ Krishna Kumar and Brij Kishore, who were armed with country made pistols, accosted the deceased.

3. It was alleged that the accused Ganesh Singh, who was travelling in the same train but in a different compartment, after alighting from the tr