JUDGMENT :

1. Heard learned counsel for appellant and learned Additional Government Advocate for the State and perused the record.

2. Challenge in this appeal is to the judgment dated 30.06.2011, passed by the Additional District and Sessions Judge, Court No.5, Rae Bareli, passed in Sessions Trial No.,135 of 1998, arising out of Case Crime No.200 of 1997, under Sections 302,307 I.P.C. relating to Police Station Lalganj, District Rae Bareli, whereby the appellants Devesh Kumar @ Neeraj Dixit and Baijnath Singh have been convicted under Section 302/34 I.P.C. and under Section 307/34 I.P.C. and sentenced under Section 302/34 I.P.C. for life imprisonment and fine of Rs.10,000/-and under Section 307/34 I.P.C. for rigorous imprisonment for 10 years and fine of Rs.2,000 with default clauses.

3. The prosecution story as emerges from the record of the the learned trial court is that a written report was filed by informant Ram Shanker on 17.9.1997 at Police Station Lalganj, District Rae Bareli at about 10.45 a.m. stating therein that at about 10.00 a.m., his uncle Lallu Yadav, Ramesh Prat