JUDGMENT :

B.K. Narayana, J.

Heard Sri R. S. Pandey, assisted by Ms. Ruchita Jain, learned counsel for the appellants and Sri J. K. Upadhyay, learned A.G.A. for the State.

2. This criminal appeal has been preferred by Matadin @ Chapole (A1) and Kripa Ram (A2) against the judgment and order dated 31.05.1988 passed by Vth Additional Sessions Judge, Jhansi in S.T. No. 68 of 1985, State Versus Matadin and another, whereby both the appellants were convicted and sentenced to imprisonment for life u/s 302/34 I.P.C.

3. Record shows that Kripa Ram (A2) died during the pendency of this appeal and this appeal stood dismissed as abated qua Kripa Ram (A2) by the order of this Court dated 16.07.2018.

4. Thus, the challenge to the impugned judgment and order is now confined on behalf of Matadin @ Chapole (A1) alone.

5. The prosecution story in short is that deceased Lakhan was a highly arrogant, hard core, anti-social element who was involved in several criminal cases including cases of burglary, dacoity etc. and several anti-social elements of village- Atarsua bore grudge against him. It is alleged that on 08.03.1985 at about 1.30-2.00 p.m., few residents of village- Atarsua had gathered in front of t