Hon’ble S.C. Agarwal, J.—This criminal appeal has been filed against judgment and order dated 23rd December, 1981 passed by the 7th Addl. Sessions Judge, Azamgarh in S.T. No. 236 of 1989 whereby the appellants Shamim Ahmad was convicted under Section 307 IPC and sentenced to undergo R.I. for four years. Appellants Shamshul Huda, Shamshul Haq and Saghir Ahmad were convicted under Section 307 read with Section 34 IPC and were sentenced to undergo R.I. for 3 ½ years.

2. Appellant No. 4 Saghir Ahmad had died as per the office report dated 11th April, 2007 and the report of the C.J.M. Agamgarh dated 23rd March, 2007. The appeal of appellant Saghir Ahmad stands abated on account of his death.

3. The incident took place on 20.4.1979 at 6 a.m. The FIR was lodged by Sri Razi Ahmad (P.W-1) on the same day on 8.30 a.m. at P.S. Ghosi, District-Agamgarh.

4. The prosecution case, as contained in the FIR is that there was previous enmity between the parties and a criminal case was pending against the appellants. On 20.4.1979 at 6 a.m., the accused Shamshul Haq, Shamim Ahmad @ Munnoo, Shamshul Huda and Saghir Ahmad came on the khalian of the complainant. Shamshul Haq was armed with a gun.