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 Rajkish