ORDER :

Pankaj Naqvi, J.

This criminal appeal is preferred against the judgment and order dated 6.10.1993, passed by the Addl. Sessions Judge, Gorakhpur, in S.T. No. 29/1993, convicting/sentencing the appellant under Sections 302 IPC for life.

1. The prosecution case is as under:

(A) P.W.-1, the informant alleged that there is an ongoing previous enmity with accused Kaushal Kumar Upadhyay of his village as a case under Section 307 IPC was instituted by him in 1988 against him and his brother-Rajesh Kumar Upadhyay in which after conviction, they were enlarged on bail by this Court, on account of which on 18.11.1991 at around 5 in the evening while his son Amar Nath Lallan (victim) was returning after watering the fields near the house of Ramgati Teli, accused Kaushal Kumar Upadhyay armed with pharsa and his brother Rajesh Kumar with a knife exhorting each other, assaulted the victim with deadly weapons who collapsed. The incident is reported to have been witnessed by P.W.-1 and his accompanying grandson Umesh Chand (P.W.-2) along with other co-villagers but the accused managed to escape. The accused are reported to have strong criminal antecedents who had unleashed terror in the villag