( 1 ) CRIMINAL Appeal No. 2079 of 1986 is by Shambhoo Sharan Pandey and his son Kaushal Kumar Pandey against their conviction and sentence for imprisonment of life under Section 120-B/302 I. P. C. The connected Criminal Appeal No. 2128 of 1986 has been preferred by accused convict Dinesh Chandra Misra who has been sentenced to imprisonment for life under Section 120-B/302 I. P. C. It may be mentioned here that one more accused Ranjeet Singh was also tried but since he died during the pendency of trial his case stood abated.

( 2 ) THE prosecution case in short was that deceased Shiv Harsh Upadhyay was manager of Kisan Degree College, Basti. He was shot at about 9. 30 p. m. on 31-7-1980 near Kisan Degree College, Civil Lines, Basti. A telephonic message from Sri Chandra Deo Dwivedi (P. W. 3) was received at police station Kotwali at 9. 36 p. m. that Sri Shiv Harsh Upadhyay has been shot in front of his house and he has been sent to hospital. Injuries of Sri Shiv Harsh Upadhyay were medically examined at 9. 45 p. m. and information was sent for recording his dying declaration but before the same could be recorded Sri Upadhyay breathed his last and died at 10. 05 p. m.