JUDGMENT :

Manish Kumar, J.

1. The present criminal appeal has been preferred against the judgment and order dated 5.6.1982 passed by the III Additional Sessions Judge, Lucknow in Sessions Trial number 298 of 1979 (State versus Bhikha and three others) under section 302/34 of the Indian Penal Code (hereinafter referred to as, the IPC), Police Station Mohanlal Ganj, District Lucknow, whereby the appellant no. 1-Bhikha was convicted under section 302 IPC simplicitor and the other co-accused persons namely Ram Khelawan, Avantika and Ramphal were convicted under section 302 read with section 34 of IPC. All the aforesaid appellants were sentenced to undergo rigorous imprisonment for life.

2. We have heard Sri Nagendra Mohan, learned counsel for the appellants and Sri Umesh Verma, learned Additional Government Advocate appearing for the State respondents and perused the record meticulously.

3. According to the prosecution case, on 01.9.1979, an FIR was lodged under section 302 IPC by the complainant, namely Ram Adhar, PW– 1 mentioning therein that on the occasion of marriage of one Raj Rani, Bhikha i.e. appellant no. 1, had fired shot with his country made pistol, which had hit to one of the