JUDGMENT :

Saurabh Shyam Shamshery, J.

Heard learned counsel for the parties and perused the record.

2. The appellant-accused has called in question the judgment and order dated 19.3.1983 whereby the learned IV Additional District and Sessions Judge, Kanpur has convicted the appellant-accused in S.T. No.58 of 1982 (State vs. Amar Singh and others) for the offence under Section 302 IPC and sentenced to life imprisonment. The rest of three co-accused were however, acquitted.

3. The background aspect so far as relevant for the present appeal could be noticed in brief as follows :-

(i) PW-1-Sunil Dutt, minor son of deceased submitted a written complaint to the effect that on 12.10.1981, he along with his sister namely Sunita Verma (PW-2), minor daughter of the deceased were going on two separate bicycles to their school at 'about 9 a.m. along with their father (since deceased) who was teacher by profession. When they reached near the patri of Nehar, appellant-accused along with other three co-accused, who were hiding in the bushes, suddenly came out and attacked his father. The appellant-accused and co-accused Kripal Singh were armed with pistol and other two co-accused namely Mardan Singh