Hon’ble Mrs. Poonam Srivastav, J.—The instant appeal arises from judgment and order of conviction dated 17.10.2008 passed by the Additional Sessions Judge, Court No. 1, Azamgarh in Session Trial No. 386 of 1993, State v. Raghunath Dixit and others.

2. Four accused namely present appellant Radhey Shyam, Raghunath Dixit father of the appellant, Om Prakash Dixit brother and one Mukhram Pandey were sent up for trial. Three accused Raghunath Dixit, Om Prakash and Mukhram Pandey have been acquitted and granted benefit of doubt. The present appellant Radhey Shyam Dixit has been convicted under Section 302/34 I.P.C. and sentenced to undergo life imprisonment and also imposed fine of Rs. 10,000/-, in default of payment of fine, a further imprisonment of one year.

3. The occurrence is alleged to have taken place on 26.4.1990 at 11.00 P.M. in front of the house of Bechu Pandey in village Jiyasad, Police Station Mehnagar, District Azamgarh. The F.I.R. was lodged on 27.4.1990 at 00.15 hours at the concerned police station Mehnagar by Subhash Pandey PW-1, son of the deceased Bechu Pandey.

4. The prosecution case as unfolded in the F.I.R. is that first informant is first cousin of Sabhak