JUDGMENT :

1. Report of C.J.M. Allahabad dated 10.4.2018 which is on record indicates that appellant No. 1, Banarsi Ram Yadav in this appeal has died and in view of the above this appeal qua appellant No. 1, Banarsi Ram Yadav is dismissed as abated.

2. Heard Sri Rajiv Kumar Mishra, learned amicus curiae for Salig Ram Yadav A2 and Tulsi Ram Yadav A3 and Sri J.K. Upadhyay, learned A.G.A. appearing for the State-respondent.

3. This appeal has been preferred by Banarsi Ram Yadav (deceased A1), Salig Ram Yadav A2 and Tulsi Ram Yadav A3 against the judgment and order dated 6.7.1989 passed by 9th Additional Sessions Judge, Allahabad convicting and sentencing Banarsi Ram Yadav A1 and Salig Ram Yadav A2 for imprisonment of life under Section 302/34 and Tulsi Ram Yadav A3 for life imprisonment under Section 302 I.P.C.

4. The facts of this case may be stated briefly, as hereunder.

5. On 21.11.1985 at about 20:30 hours, PW-1 Sangru Ram Yadav (informant) gave a written report of the incident Ext. Ka1 at P.S. Sarai Inayat, district Allahabad stating therein that while he, his nephew-Laddu Yadav son of Nanku @ Shambhu Yadav and PW-3 Mauji Ram Yadav son of Ram Jatan Yadav residents of the same village as the first informant were returning from Allahabad on their bicycle to their home, Laddu Yadav was ahead of them while first informant and PW-3 Mauji Ram Yadav were behind him. As soon as they reached near the maize field of Sundar Yadav in village Jhunsi Kohna at about 7:30 p.m. Tulsi Ram Yadav A3, Banarsi Ram Yadav (deceased A1) and Salig Ram Yadav A2 who were also the residents of the same village suddenly emerged from the maize field of Sundar Yadav and stopped the bicycle of Laddu Yadav and on the exhortation of Banarsi Ram Yadav (deceased A1) and Salig Ram Yadav A2 to kill Laddu Yadav, Tulsi Ram Yadav A3 shot Laddu Yadav on his chest from his country made pistol. Upon receiving the gunshot wound, Laddu Yadav fell on the ground. On the noise made by PW-1 Sangru Ram Yadav and PW-3 Mauji Ram Yadav, all the accused fled towards the village. The noise made by the informant and PW-3 Mauji Ram Yadav attracted Suddhu Ram Yadav, his nephew-Sanatan Yadav and Man Bahadur Yadav etc. also who were going to answer the call of nature to the place of occurrence. It was a moon lit night and the informant and the other witnesses had seen the accused firing at the deceased and then running away from the scene of occurrence and had identified them in the moon light. He took his injured nephew-Laddu Yadav to Krishna Nursing Home with the help of his relatives and other villagers where he was declared brought dead. About 8-10 days before the occurrence, the accused had beaten Laddu Yadav on account of his having misbehaved with the accused's sister and had threatened Laddu Yadav with dire consequences.

6. On the basis of the written report Ext. Ka1, case crime No. 310 of 1985, under Section 302 I.P.C. was registered at P.S. Sarai Inayat, district Allahabad against the appellants by PW-6 Head Moharrir Harendra Nath Singh who on the basis of the written report Ext. Ka1 prepared the check F.I.R. Ext. Ka15 and recorded the gist of the prosecution case in the G.D. vide rapat No. 39 time 8:30 p.m. date 21.11.1985.

7. The investigation of the case was taken up by PW-4 Ram Mishra who was posted as S.H.O. at the relevant point of time at P.S. Sarai Inayat. He conducted inquest on the body of de-ceased-Laddu Yadav in Krishna Nursing Home on 22.11.1985 at about 6-8 a.m. and after completing inquest, prepared inquest report and other related documents namely photo lash, challan lash, specimen seal Ext. Ka4 to Ext. Ka7, letter addressed to C.M.O. Ext. Ka9 and letter addressed to R.I. Ext. Ka10. He then got the dead body of Laddu Yadav sealed and dispatched for post-mortem examination. After completing inquest proceedings, he inspected the place of occurrence at the instance of PW-1 Sangru Ram Yadav and prepared its site plan Ext. Ka1. He then took into possession the bicycle of