JUDGMENT :

Manoj Misra, J.

1. This appeal is against the judgment and order dated October 19, 1983 passed by third Additional Sessions Judge, Bulandshahr in S.T. No.780 of 1982 convicting and sentencing the appellants under Section 302 IPC read with Section 34 IPC to imprisonment for life.

INTRODUCTORY FACTS

2. The prosecution story, in a nutshell, as per the written report (Ex. Ka-1), lodged by Dharamveer (PW-1), is that in the morning of 10.09.1982, at about 6 am, while the informant was easing himself in the open field, he heard screams of his nephew Chiranji (the deceased) coming from the field of Ajab Singh, which had standing maize crop. Reacting to the screams, the informant, Kundan (PW-2) and Chiranji’s mother (not examined) reached the spot. There, they witnessed Ram Charan (appellant no.1) and Rajpal (appellant no.2) pinning down Chiranji and putting pressure on him after having tied a knot around his neck by using his trouser. When the informant and others came to rescue him, Rajpal threatened them by saying that if anybody comes forward, he would be shot dead, as a result whereof, the informant party stayed away. Both the accused, thereafter, dragged the deceased into the J