JUDGMENT :

Per Ramesh Sinha, J.

1. This criminal Appeal has been preferred against the judgment and order dated 18.11.2000 passed by VIII Additional Sessions Judge, Lucknow in S.T. No. 579 of 1996 convicting and sentencing the appellant under sections 302/34 I.P.C. for life imprisonment with a fine of Rs. 20,000/-and in default of payment of fine further to go simple imprisonment for 3 years.

2. Out of six accused persons, namely, Angad Yadav, Surajpal Yadav, Chandrapal Yadav, Ramesh Kaliya, Ramji Prasad, Shiv Bahwan, accused Surajpal Yadav and Chandrapal were killed in police encounter whereas accused Ramesh Kaliya died during the pendency of the appeal and his appeal, i.e., Crl. Appeal No. 1047 of 2000 has been abated by Coordinate Bench of this Court vide order dated 21.11.2017. So far as accused Ramji Prasad and Shiv Bhawan have been acquitted by the trial Court, hence the Court proceed to adjudicate the appeal on behalf of the surviving appellant Angad Yadav only.

3. The prosecution story as has been set out by the informant Vijay Kumar Yadav in the F.I.R. is that opposite to his house a house of Angad Yadav, who was a State Minister in the regime of B.S.P. Government, was being c