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 e