JUDGMENT :

Raj Beer Singh, J.

1. This appeal has been preferred against the judgment and order dated 17.02.1987 passed by IIIrd Additional Sessions Judge, Moradabad in Session Trial No. 38 of 1985 (State Vs. Ghasi & others), under Section 302, 302/34 of I.P.C., P.S. Hasanpur, District Moradabad, whereby accused/appellant Ghasi has been convicted under Section 302 of I.P.C. and accused-appellants Jaipal and Dolat have been convicted under Section 302/34 of I.P.C. and all the three accused-appellants were sentenced to imprisonment for life.

2. During pendency of this appeal, accused-appellants Ghasi and Dolat have expired and thus their appeal stands abated. Now the instant appeal is confined only in respect of accused-appellant Jaipal.

3. Prosecution case is that on the intervening night of 19/20.10.1984, complainant-(PW-1) Lalo and his family members including his father Baldeo, mother Ram Kali, brothers (PW-2) Parma and Sewa Ram were sleeping at their house and there was light of Lantern. At around mid night, deceased-appellant Ghasi having a country made pistol, accused Dolat having a club and accused-appellant Jaipal having a torch came there. Complainant and his family members awok