JUDGMENT :

Ali Zamin, J.

1. Heard Sri Irfan Chaudhary, learned counsel for the appellants and learned A.G.A for the State.

2. This appeal has been preferred being aggrieved from the judgment and order dated 8.6.2001 passed in Session Trial No. 873/1998, arising out of Case Crime No. 104 of 1994 (State v. Bilendra @ Virendra and another) by which learned Additional Sessions Judge, (Court No. 3), Muzaffarnagar has convicted the appellants, under Section 302 I.P.C. read with Section 34 I.P.C. and has sentenced them to undergo life imprisonment.

3. The appellant No. 1 Bilendra @ Virendra died during the pendency of the appeal and appeal against him has been dismissed as abated vide order date 3.4.2019. Hence, this appeal is confined only for the appellant No. 2 Sukhpal.

4. According to prosecution version Bijendra, brother of the informant Rajendra had gone to irrigate his field in the evening of 25/26.5.1994. In the night the informant and his father Bholu reached the tube-well carrying dinner of Bijendra. Bijendra was sleeping on a cot in front of the tube-well. Informant and his father at about 3:00 a.m. in the night had gone to look after the irrigation in the adjoining field, where the