JUDGMENT

A. K. Patnaik, J.-This is an appeal by way of special leave under Article 136 of the Constitution of India against the judgment and order dated 06.02.2007 of the Allahabad High Court in Criminal Appeal No.178 of 1981.

2. The facts very briefly are that on 22.09.1979 at 8.05 p.m. Balbir Singh, the complainant, lodged an FIR with Police Chowki Dhata, P.S. Khakhreru in District Fatehpur. The prosecution story as stated in the FIR was that on 22.09.1979 the complainant was returning home after purchasing crude oil from Khaga and Raja Ram Singh (his father) and Kunj Behari Singh were waiting for him at Dhata and he left the oil at Dhata and the three sat on the Motorcycle No.UTY 3213. Kunj Behari Singh drove the motorcycle and when they reached near bamboo clumps ahead of Kanya Pathshala on Dhata-Hinauta Road at about 6.00 P.M., Hira Pandey, Subhash Pandey @ Bodhan and Surendra Nath Pandey, the three appellants herein, who were waiting with single barrel gun, double barrel gun and rifle respectively and cartridge belts, started firing at them. As soon as Kunj Behari was shot, the Motorcycle lost balance and he and his father jumped off from the bike and while his father ran to