Ramesh Sinha, J.: -

Heard Sri Apul Mishra, learned counsel for the appellant no.2 and Sri K.S. Yadav, learned A.G.A. for the State.

2. The present appeal has been filed against the judgment and order dated 13.2.1986 passed by 4th Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 606/1984 by which the appellant no.1 Kandhai has been convicted and sentenced under Section 302 I.P.C. to undergo imprisonment for life, under Section 307 I.P.C. to 7 years rigorous imprisonment and under Section 25 (1)A of the Arms Act to 2 years rigorous imprisonment and under Section 27 of Arms Act to 5 years rigorous imprisonment and further convicting and sentencing appellant no.2 Shiv Narayan under Section 302 /34 I.P.C. for imprisonment for life and 307/34 to 7 years rigorous imprisonment.

3. The appeal of the appellant no.1 Kandhai, who has died, has been ordered to be abated by this court vide order dated 6.03.2014.

4. The prosecution case in brief is that on 30.9.1984 son of the informant Lal Sahai namely Ajay Pal Singh (deceased) had gone at the shop of the accused Kandhai Lohar for sharpening of Khurpi and Gandasa. The deceased, Ajay Pal Singh, was also accompanied with the nephe