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 sen