( 1 ) THIS is an appeal by Satya Narain who has been sentenced and convicted to undergo imprisonment for life Under Section 802 IPC by learned Addl. Sessionsjudge, Lucknow.

( 2 ) IT is alleged that a month before this occurrence an altercation took place between Ashok, on one hand, and Satya Narain accused, on the other. Satya Narain had delivered a knife blow on Ashok, An F. I. R. about that incident had been lodged at P. S. Khala Bazar. Chandrika and Babu Singh were helpers of Ashok and this had given a cause to Satya Narain to bear grudge both towards Chandrika and Babu Singh. On 21st October, 1971, at about 6 p. m. Chandrika, accompanied by Babu Lal alias Babu Singh, Pooran, Rama, Ashok, and Janki were going to the house of Rama, situate in Terhi Bazar, When this party reached in front of the house of one Munna Babu, Satya Narain, Rajesh, Shyam Narain and Gopal surrounded them. Gopal and Shyam Narain are said to have instigated Satya Narain and Rajesh upon which Rajesh and Satya Narain, both of whom had pistols in their hands, shot in this way that while Rajesh shot at Chandrika, Satya Narain shot twice at Babu Singh. Both these persons fell down injured and thereafter the accu

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