By the Court.—Present criminal appeal has been preferred by appellant Hari Shakar Singh against judgment and order of conviction and sentence dated 19.8.1988 passed by VI Additional Sessions Judge, Allahabad in Sessions Trial No. 384 of 1986, under Sections 302, 307 IPC, Police Station - Handia, District Allahabad arising out of Case Crime No. 152 of 1986, whereby the appellant has been sentenced with life imprisonment for offence under Section 302 IPC. However, he has been acquitted for the offences under Section 307 IPC.

2. Facts giving rise to this appeal are that complainant Dharam Pal Singh lodged written report at Police Station -Handia, District Allahabad on 11.6.1986 around 2.40 a.m. regarding the incident having taken place in the same intervening night with averments that complainant alongwith his elder brother Ram Dutt Singh, Hari Ram Singh, younger brother and brother-in-law Gopi Nath Singh were sleeping near the cattle-shed after taking meal. One illuminated lantern was hanging on a bamboo-peg. At around 12.30 p.m. in the night sound of fire was heard by them and when they woke up and flash the torch, whereupon, they saw Hari Shanker Singh of the same village w