Judgment

Arijit Pasayat, J.—A Division Bench of the Allahabad High Court by the impugned judgment upheld the conviction recorded by learned Special Judge, Hamirpur holding appellant guilty of offence punishable under Section 302 of the Indian Penal Code 1860 (in short ‘IPC’). Accused-appellant was sentenced to undergo imprisonment for life. However, co-accused Rajendra Singh was acquitted.

2. Background facts which led to trial are as follows:

Complainant-Ram Singh (PW-1) at the time of occurrence was living at village Swasa. On 20.7.82 at about 6.00 p.m. when he was returning to his village Pyare Singh (PW-2), a co-villager was also with him. On the way his brother Prem Singh (hereinafter referred to as the ‘deceased’) who was living at village Chhani met him. They came to the bus stop and sat at the Chabutra in front of the Dak Bungalow and waited for the bus. At that time a bus came from Hamirpur. Appellant-Rambali Singh (A-1) and Rajendra Singh (A-2) residents of village Chhani Bujurg got down from that bus.

3. Accused Rambali had a double barrel gun in his hand and a single barrel gun was in the hands of the acquitted accused Rajendra Singh. After that they went to a nearby be