M.Jeyapaul, J.

1. Criminal Miscellaneous Application No. 6-MA of 2011 was filed seeking leave to appeal against the order of acquittal recorded by the trial Court qua the second accused Partap Singh and also against the sentence of life awarded instead of capital punishment of death for the first accused Rajbala. Criminal Miscellaneous Application No.511 of 2011 was filed praying to condone the delay of 455 days in filing the appeal.

2. We have proposed to take up the main criminal miscellaneous application itself for disposal without wasting our energy on the disposal of the miscellaneous application filed under Section 5 read with Section 14 of the Limitation Act,

3. The facts, in brief, of the prosecution case, are that the deceased Surender used to advise the first accused Rajbala to maintain good character. The first accused Rajbala and the second accused Partap Singh threatened to kill Surender on the ground that false allegations were levelled against Rajbala by the deceased Surender. The deceased Surender was living alongwith the complainant Satya Narain and his mother Smt. Bhanti. On 26.11.2006 at about 4.00 AM the deceased Surender went out of the house responding