Aniruddha Singh, J.

This Criminal appeal has been nominated to me as third Judge by the Hon'ble the Chief Justice vide order dated 18.2.2019. In compliance thereof, heard Sri Dileep Kumar, learned counsel for the appellant as well as Sri P.K. Srivastava and Sri Hari Pratap Gupta, learned Additional Government Advocates and perused the record.

2. This Criminal appeal was heard and decided by Hon'ble S.K. Agarwal, J. and Hon'ble K.K. Misra, J. vide order dated 8.8.2003. Due to difference of opinion, this appeal was nominated to me/this Court.

3. This criminal appeal has been preferred against judgment and order dated 29.9.1980 passed by Vth Additional Sessions Judge, Allahabad in Sessions Trial No. 266 of 1978 (State vs. Chhotey Lal Yadav), Police Station Kotwali, District Allahabad convicting Chhotey Lal Yadav under Section 302 IPC, sentencing him to imprisonment for life.

4. In the nutshell, case of prosecution is that an FIR was lodged on 20.5.1978 at 11: 30 A.M. against Chhotey Lal Yadav alleging that on 20.5.1978 at 9:30 A.M. he killed Gopal Ji Rawat by shooting him at his house No. 44/56 Hewett Road, Police Station Kotwali, District Allahabad due to previous enmity and fl