JUDGMENT :

1. Heard Smt. Manju Thakur, learned AGA for the appellant and Shri Digvijay Singh, learned counsel for the accused-opposite parties.

2. The accused-opposite party no.2, namely, Mohan Swarup has died and the appeal qua the accused-opposite party no.2, Mohan Swarup was abated by order dated 30.09.2021. Thus, this Government Appeal survives only against the accused-opposite party no.1, Ram Prakash son of Mohan Lal, accused-opposite party no.3, Jagdish son of Janak Singh and accused-opposite party no.4, Shishpal son of Tilak Singh, all residents of Village-Budhaich, P.S.- Sahpau, District- Mathura.

Facts:

3. Briefly stated facts of the present case are that the deceased-Rishal Singh was shot dead by fire arms in the night of 12/13.04.1985 at about 00:30 hours while he was sleeping on a cot at the barn in the Village-Budhaich. A First Information Report being Case Crime No.58 of 1985 under Section 302/34 I.P.C., P.S.-Sahpau, District- Mathura was lodged at 1:25 A.M. on 13.04.1985 by the eye witness P.W.-1 (Nepal Singh) son of Geetam Singh, Village-Budhaich, P.S.-Sahpau, District-Mathura, who is the nephew of the deceased-Rishal Singh. In the aforesaid promptly lodged F.I.R., t