1. Heard Sri Virendra Singh assisted by Sri Deo Anand, learned counsel for the appellants, Sri Saghir Ahmad, Ms. Manju Thakur and Sri Hasan Abidi, learned counsel appearing for the State.

2. Under challenge in the appeal is the judgment and order dated 25.4.1988 passed by learned III Additional Sessions Judge, Moradabad in S.T. No.395 of 1987 (State vs. Karan Singh and others) under section 302 I.P.C. read with 34 I.P.C., Police Station Kurhfatehgarh, District Moradabad arising out of Case Crime No. 118 of 1987 whereby the accused appellants were convicted for the offence under section 302 read with 34 I.P.C. and sentenced to undergo imprisonment for life. Being aggrieved by the aforesaid judgment and order the instant appeal is before this Court.

3. The proceedings of the appeal stand abated against appellant No.1 Karan Singh and appellant No.4 Gangaram vide order dated 13.12.2016.

4. Briefly stated the prosecution case is as follows :

According to the FIR version, on 25.8.1987 at about 10.00 a.m. Sri Mangali Prasad lodged an FIR that his son Sriram was going from the Shiv Temple situate at Dhobia Talab after the prayer and when he reached near Pakhar tree, one Karan Singh equipped with pharsa, Rameshwar equipped with pharsa, Ram Prakash equipped with lathi and Gangaram equipped with spear (bhala) surrounded him and thereafter all the aforesaid four accused assaulted him with their respective weapons assigned to them. On an alarm being raised by Sriram son of the informant-complainant, the witnesses Nauratan, Nandlal and others from the village reached on the spot. The accused persons fled away towards the West. Sriram died on the spot. Karan Singh earlier launched a prosecution under section 307 I.P.C. against complainant's side which was decided in favour of the complainant. The incident took place at 10.00 A.M. on 25.5.1987 and the FIR of the incident was lodged at the police station on the same day at 12.10 P.M.

5. After registration of the FIR, the inquest proceedings were drawn in accordance with law. The sample of plain and blood stained soil was taken by the investigating officer during the course of investigation. Certain documentation was done after inquest proceedings for the purposes of autopsy examination. The autopsy was conducted on 26.5.1987 at 2.30 P.M. I.O. recorded the statement of witnesses and prepared site plan during the course of investigation. The investigation of the case culminated into fling of police report in the shape of charge sheet.

6. After taking cognizance and complying with procedural formalities, the case was committed to the Court of Sessions. Learned Trial Court after hearing both the sides and perusal of evidence available on record framed the charge against the accused for the offence under section 302 read with 34 I.P.C. The charge was read over and explained to the accused who denied the charge and claimed trial on merits.

7. The accused-appellants claimed themselves to be innocent and have taken defence of false implication on the ground of enmity.

8. To substantiate the charge/guilt, the prosecution has examined P.W.1 Mangali Prasad who is the father of the deceased Sriram, P.W.2 Nauratan, P.W.3 Ganga Sahai, P.W. 4 Nand Lal,who are witnesses of fact.

9. P.W.5 Head Constable Akram Ali who has proved the execution of chik FIR and relevant entries in G.D. P.W.5 has also proved the special report and proved the documents relating thereto. P.W.6 Constable Suresh Pal Singh has given an affidavit to the effect that he has taken the corpus of the deceased for the purpose of post-mortem examination in the condition in which it was given by the Sub Inspector after completing all the necessary formalities of the inquest proceedings. He is a formal witness.

10. P.W. 7 Janardan Arora who has conducted the investigation from 28.5.1987 and filed the charge sheet against the accused appellants and proved the execution thereof.

11. P.W.8 Suresh Chandra is the first investigating officer who conduct