JUDGMENT :

SAROJ YADAV, J.

1. This criminal appeal has been filed by the convicts/appellants namely Karuna Shankar alias Pappu and Rajkishore alias Kallu (herein after referred to as Karuna Shankar and Rajkishore) against the judgment and order dated 15.04.1983 passed in Sessions Trial No. 562 of 1982 by IVth Additional Sessions Judge, Unnao wherein convicts/appellants were convicted and sentenced under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short I.P.C.) for life imprisonment.

2. The facts necessary for disposal of this appeal are as under:

A first information report (in short F.I.R.) was registered as Case Crime No. 126 of 1982, under Section 302 read with Section 34 of IPC at Police Station Achalganj, District Unnao at about 7.30 pm on 17.06.1982, on the basis of a written report presented by the complainant namely Ashok Kumar. It was stated in the written report (Exhibit Ka-1) that about four years ahead of the incident, some miscreants committed loot in his house. After sometime he came to know that the incident of loot was got committed by Rajkishore alias Kallu and Rajnarayan alias Munna, resident of his own (complainant's) village. For that reason, they developed animosity and were not on talking terms. In October 1981, one Vijay Bajpai, resident of Village Badarka purchased one orchard and some land consisting of 8-9 Bighas from one Satyanarayan belonging to the family of Rajkishore and that was being looked after by Gaurishankar alias Badri Prasad, father of the complainant. Rajkishore asked many times, father of the complainant not to look after the said land and also warned him with dire consequences but he (deceased) did not care. For that reason Rajkishore became more inimical towards him (deceased). Due to this enmity on the day of incident i.e. 17.06.1982 when the complainant, his father and maternal brother Ram Kumar son of Baijnath, resident of Mawaiya, Police Station Chakeri, District Kanpur were coming back to home from 'Anta Banthar' Market, at about 5.30 pm they reached near the field of Banshlal Dixit, then Karuna Shankar armed with gun, Rajkishore armed with Katta (country-made pistol) and their two associates, one armed with Farsa (Spade) and another with Kulhari (Axe) who were hidden there. Rajkishore asked his associates to kill the father of the complainant so as to teach a lesson for taking the land of others. On this, they (complainant, his father and cousin) took turn to run away. At the same-time Rajkishore fired a shot with Katta (country made pistol) on his father which hit him (deceased) on right side of abdomen. On it they all three i.e. complainant, father and cousin ran shouting/crying. Hearing their voice/cry, Sri Ram son of Lallaunu Lodh and Pusu Raidas resident of Badarka, who were present in their orchards came running and they challenged Rajkishore and his associates but they (complainant and the people gathered there) did not go nearby out of fear. Rajkishore and his associates chased his father (deceased) while running and in the orchard of Lallan Dixit Karunashankar and Rajkishore fired one shot each by gun and country made pistol with which they were armed. His father fell down, then their two associates assaulted his father with 'Kulhari' (Axe) and Farsa (Spade). Thereafter, all the four miscreants ran to assault towards the complainant and his cousin but could not do so seeing many people coming after hearing the sound of fires and cry of the complainant side and they ran away towards the village Supasi. Thereafter the complainant and others reached near the deceased in the orchard of Lallan Dixit and complainant found his father dead. The right hand of the deceased was cut apart from wrist. He recognized the miscreants Rajkishore and Karunashankar very well but did not know the names of other two miscreants. The dead body of the deceased was lying a