Harnam Singh, Bharat Singh, Bharat Singhs son Awadh Bihari Singh and Ram Pal Singh were named as accused of case crime No. 42 of 1979, P. S. Derapur, District Kanpur. Out of them, Harnam Singh came to be murdered after the incident. The remaining three namely, Bharat Singh, Awadh Behari Singh son of Bharat Singh and Ram Pal Singh were chargesheeted and tried in Sessions Trial No. 141 of 1979 before the IV Additional Sessions Judge, Kanpur for committing the murder of one Jagdeo Singh at about 5. 30 P. M. on 13-3-1979 in the graveyard of one Mendhi Manihar in village Bachit Bhartu. They came to be convicted under Section 302 read with Section 34 I. P. C. . and each sentenced to life imprisonment by judgment dated 16-5-1981/19-5-1981. All these three preferred this appeal. Bharat Singh and Ram Pal Singh died during the pendency of the appeal. The appeal in respect of the former abated under order dated 5-4-2004 and in respect of the latter under order dated 28-4-2004. The Court, is, therefore, presently concerned only with Awadh Bihari Singh son of Bharat Singh.

2. The relevant facts may be set out for appreciation of the discussion that has to follow.

Of the incident