Hon’ble Kaushal Jayendra Thaker, J.—This appeal is being preferred by two accused, who came to be convicted by learned Special Judge/Additional Sessions Judge, Azamgarh, in Sessions Trial No. 268 of 1984. Both the accused were convicted for life imprisonment. Parshuram was convicted under Section 302 IPC whereas Tribeni was convicted under Section 302 read with Section 34 of Indian Penal Code.

2. The appeal came to be filed in 1984. However, the same was placed before us for hearing exactly after 31 years and we have heard the learned Counsel for the parties at length.

3. The facts as they emerge are that one Ram Kuwar Singh Station-master Railway Station, Azamgarh, at about 09.00 a.m. on 29.12.1983 received information from Deep Narain, gate-man of gate No. 29-A that a Dudhwala on a cycle was murdered by a gun-fire. He promptly informed the Senior Superintendent of Police, Azamgarh, Station Officer P.S. Sidhari and sent a memo Ext.Ka.1 to S.I., G.R.P., Azamgarh, Gate No. 29-A which is at a distance of one and a half furlongs from the Railway Station, Azamgarh. Memo sent by the PW1 - Ram Kuwar Singh was received at G.R.P., Azamgarh, at about 09.15 a.m. The head constable and other police personnel were sent to the place of occurrence. The Station Officer of P.S., G.R.P., Mau, was intimated on phone by the police out post, Azamgarh. Chick F.I.R. Ext. Ka.5 was prepared on its basis. At about 11.30 a.m. Harbansh lodged written report Ext.Ka.6. The information on phone was received at P.S., G.R.P., Mau, at 09.50 a.m. and an entry was made in the General Diary Ext. Ka.7. The prosecution case about the incident of murder was that a case under Section 107 Cr.P.C. was pending against Ramji (deceased), his brother Harbansh and the accused. Shiv Chand, Parshuram and others manipulated the forged sale-deed of the property of one Shubhagi. A suit for cancellation of the aforesaid deed was filed by Ramdaras and Rajpat, who were grand son of Shubhagi and because the deceased was doing pairvi of that case in support of Ramdaras and Rajpat, Parshuram and others were annoyed because of this.

4. The prosecution was moved into motion and after recording statements and preparing Panchayatnama and being satisfied that the offence was committed, a charge-sheet was laid against both the accused. The Judicial Magistrate committed the case to the Court of Sessions as it was Sessions Trialable case.

5. The charge came to be framed on 29.8.1984 by the learned Judge, which reads as follows :

“Firstly, that you Parshu Ram on 29.12.83 at about 8.45 a.m. at Railway gate No. 29-A, in the West of Railway Station, Azamgarh, O.P., G.R.P., Azamgarh, P.S., G.R.P., Mau, district Azamgarh, committed murder intentionally or knowingly causing the death of Ram Ji and thereby committed an offence punishable under Section 302 IPC and within the cognizance of this Court.

Secondly, that on the aforesaid date, time and place, you Tribunal alongwith your co-accused Parshu Ram in furtherance of common intention of both, committed murder intentionally or knowingly causing the death of Ram Ji and thereby committed an offence punishable under Section 302read with 34 IPC and within the cognizance of this Court.”

6. The accused pleaded not guilty and wanted to be tried.

7. The prosecution examined 9 witnesses, in support of the charge framed, who are as follows :

1	Deposition of Ram Kunwar Singh	26.7.1985	PW-1
2	Deposition of Harbansh	26.7.1985	PW-2
3	Deposition of Harbansh	27.7.1985	PW-2
4	Deposition of Kalpanath	27.7.1985	PW-3
5	Deposition of Kalpanath	30.7.1985	PW-3
6	Deposition of Ramdaras	30.7.1985	PW-4
7	Deposition of Dr. S.C. Tekriwal	30.7.1985	PW-5