ORDER

1. Six persons in all namely Raj Narain, Deo Narain, Shiv Singh, Vijay Singh, Raj Bahadur Singh and Anirudh Singh were brought to trial for offences punishable under Section 302 read with 149 of the Indian Penal Code for having committed the double murder of Ram Swarup and Ram Pratap Singh. They were all convicted by the trial court. While their appeal was pending in the High Court, Raj Narain, Vijay Singh, Raj Bahadur Singh and Anirudh Singh passed away. The High Court, accordingly, went into the matter qua Deo Narain and Shiv Singh, the two surviving accused, and vide the impugned judgment, dismissed the appeal.

2. A Special Leave Petition was thereafter filed in this Court by CRL.A. NO. 750 OF 2005 REPORTABLE the two convicted accused. By order dated 12th May, 2005, this Court dismissed the Special Leave Petition vis-a-vis Shiv Singh and granted leave to the present appellant. It is in this situation that the matter is before us and has been heard at length.

3. The facts of the case are as under: At about 7:00a.m. on 4th June, 1980 a quarrel took place in which Ram Pratap Singh, deceased, was assaulted by one Shiv Ram Yadav near village Hyderpur. Ram Pratap Singh sustained