Hon’ble Shashi Kant Gupta, J.—This Criminal Appeal has been preferred by the appellants against the judgment and order dated 30.5.1983 passed by Vth Additional Sessions Judge, Kanpur in S.T. No. 298 of 1982, State v. Khaleel Ahmad alias Chhotey Bhaiya and another, under Sections 302 of the Indian Penal Code (in short “the IPC”), Police Station Colonelganj, District Kanpur whereby the accused appellants have been convicted under Section 302 IPC and sentenced to undergo for life imprisonment.

2. Since co accused Nasir died during the pendency of the present appeal, the appeal stood dismissed as abated as against him vide order dated 13.10.2014. Therefore, the appeal of Kalil Ahamd alias Chhotey Bhaiya is only being taken up for consideration.

The prosecution story, in nutshell, is as follows :

3. On 21.5.82 at 8.30 p.m. accused Khalil alias Chhotey Bhaiya son of Abdul Gharoor and co accused Nasir son of Ghulam Rasul came to the house of the complainant (Om Prakash) and asked his brother Ved Prakash alias Chhotey Munna (deceased) to accompany them for a movie. Ved Prakash insisted on taking Ram Ji Srivastava who was present there at that time. Both the accused were reluctant t