JUDGMENT :

B.R. GAVAI, CJI.

FACTUAL ASPECTS

1. The present appeal challenges the final judgment and order dated 4th July 2013 passed by the Division Bench of the High Court of Judicature at Allahabad¹ [Hereinafter referred to as “the High Court”] in Criminal Appeal u/s 374 Cr.P.C. No. 2259 of 1989 filed by the accused appellants whereby, the High Court dismissed the appeal and upheld the judgment and order dated 8th November 1989 passed by the Additional District and Sessions Judge, Karvi (Banda)² [Hereinafter referred to as “the Trial Court”] in Sessions Case No. 88 of 1986 convicting the accused appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860.³ [Hereinafter referred to as “IPC”] The High Court also upheld the order of sentence dated 15th November, 1989 vide which the Trial Court had sentenced the accused appellants to undergo rigorous imprisonment for life along with a fine of Rs. 6,000/-.

2. Shorn of details, the facts leading to the present appeal are as under:

2.1. It is the prosecution case that on the morning of 6th August 1986 at 8 o’clock, complainant - Ram Gopal (PW-1) along with his father Ram Avtar, uncles Namo Shankar and Girija Shankar an