JUDGMENT

Pinaki Chandra Ghose, J.—This criminal appeal arises from the final order and judgment dated 20.07.2007 of the Allahabad High Court in Criminal Appeal No.2511 of 1985. By the impugned judgment the High Court while allowing the appeal qua three accused persons and acquitting them, confirmed the conviction of the present appellant. The Additional Sessions Judge, after trial, had convicted the four accused persons, namely, Hari Shanker, Vijay Shanker, Man Mohan and Ram Bharosey for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’ for short) and sentenced them to rigorous imprisonment for life.

FACTS

2. The case of the prosecution as per the complaint is that on 28.09.1983 at about 6:30 am, Shiv Shanker (the deceased) along with Uma Shanker (PW2) and Ram Asrey had gone to the pond near Village Bhijauli, to attend nature’s call. When they were returning home after easing themselves, four accused persons, namely Hari Shanker, Vijay Shanker, Man Mohan and Ram Bharosey confronted them and threatened to kill Shiv Shanker. Hari Shanker was carrying a licensed pistol while the other three were carrying country-made pistols. Hari Sha