JUDGMENT :

V.Gopala Gowda, J.

1. Leave granted.

2. This appeal is filed by the appellant questioning the correctness of the judgment and final Order dated 18.02.2013 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 2684 of 2009 urging various facts and legal contentions in justification of his claim.

3. Necessary relevant facts are stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled for the relief as prayed for in this appeal.

4. It is the case of the prosecution that the appellant, who was at the time of the incident, studying in an engineering college at Noida, happened to be at Shikarpur crossing within the police station Kotwali Nagar. At about 10 a.m. on 27th June 2003, it was then that the convicted respondent nos. 2 and 3 dragged him into their house and began to assault him. Hearing the cries, the appellant's father Shri Khem Chand and brother Shri Rajeev would arrive at the scene to his rescue. In the scuffle which ensued, both the father and the brother of the appellant got injured which led to the consequential death of the appellant's brother Rajeev. After the FIR and follow- up investigati