JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Shri Surendra Kumar Chaubey, learned counsel for the appellant-Mohan; Ms. Abida Syed, learned Amicus Curie for unrepresented litigants and Shri N.K. Srivastava, learned counsel for the respondents. Perused the record.

2. During trial the main assailant, accused-Kedar has breathed last and the other three accused Mohan and two others faced the trial, all the accused have been convicted for commission of offence under Section 302 of Indian Penal Code and sentenced to life imprisonment. The accused were punished sentenced to life imprisonment with the aid of Section 34 of the IPC and fine of Rs. 50,000/- each and default sentence of 6 months if they did not deposit the amount of fine.

3. The first Information report given on 13.10.1993 is to this effect that brother of the informant namely Ram Sevak son of Rupai was done to death on 12.10.1993 at about 11 p.m. by firing. The brother of the informant was sleeping on his bed with his son and the informant was sleeping in his hut and suddenly on the noise of firing the informant woke up and