JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. These appeals challenge the judgment of the High Court of Judicature at Allahabad in Criminal Appeal Nos. 290 and 587 of 1981 dated 10.02.2010, confirming the conviction and sentence passed by the Sessions Judge, Bareilly in S.T. No. 402 of 1979 dated 31.01.1981. By the said judgment, the Sessions Judge, Bareilly convicted all the accused under Section 302 and Section 307, each read with Section 34 of the Indian Penal Code, 1860, and sentenced them to life imprisonment and rigorous imprisonment for a period of four years, respectively.

2. The Prosecution Case: The case of the prosecution is that, on 24.08.1979, around 6:30 p.m. Shri Iqbal Bahadur Saxena, Principal of the Chandra Shekhar Azad Inter-College, Giani, Uttar Pradesh¹ [hereinafter referred to as the ‘Deceased’] since deceased was sitting with his family physician and private practitioner Dr. Asghar Ali² [hereinafter referred to as ‘PW-6’] in the verandah outside his office, situated in the college campus. He sent his security guard Fazal Maseeh³ [hereinafter referred to as ‘PW-1’] to fetch an empty bottle of medicines from his residence, also within the college campus. As PW-1 wa