Hon’ble Om Prakash-VII, J.—This Criminal Appeal has been preferred by the appellant Ram Manohar against the judgment and order dated 25.3.1983 passed by the learned Sessions Judge, Fatehpur in S.T. No. 171 of 1982 (State v. Ram Manohar and another) under Section 302 read with Section 34 I.P.C., Police Station Hussainganj, district Fatehpur whereby the appellants Ram Manohar and one Mewa Lal (since died) have been convicted and sentenced for the offence under Section 302 read with Section 34 IPC to undergo imprisonment for life.

2. Criminal Appeal No. 828 of 1983 filed on behalf of the co-accused Mewa Lal was abated by this Court on 23.3.2012, therefore, appeal filed by the appellant Ram Manohar is only before us. We proceed to deal with this appeal.

3. Prosecution story in nut shell is as follows :

Written report dated 9.1.1982 Ex. Ka-1 was submitted by informant Dharam Pal at Police Station Hussainganj mentioning therein that on 9.1.1982 informant and his uncle Ram Prasad were returning to their house on bicycle. Ram Prasad was riding bicycle and informant was a pillion rider. At about 6 P.M when they reached near the north-east corner of the house of Jageshwar suddenly ac