JUDGMENT :

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.09.2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 2811 of 2008, by which the High Court has dismissed the said appeal preferred by the appellants -original accused challenging their conviction for the offence punishable under Section 302 r/w 34 of the I PC, passed by the learned Additional District & Sessions Judge, Fast Track Court No.2, Hathras (hereinafter referred to as the learned "trial Court"), the original accused nos. 1 & 3 have preferred the present appeal.

2. That both the appellants herein along with one another accused -Suresh were tried by the learned trial Court for the offences punishable under Section 302 r/w 34 of the IPC for having killed one Bhishampal Singh in an incident which happened on 28.01.2006. The role attributed to A1 - Rakesh was that he used country made pistol and caused injuries on the deceased. It was alleged that so far as Suresh and Anish - A2 & A3 are concerned, they assaulted the deceased with their respective knives. That after the full-fledged trial, the learned trial Court held all the accused guilty for th