JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The instant criminal appeal has arisen out from the judgment of conviction and order of sentence dated 16.11.1989 passed by the Additional Sessions Judge, Mathura in Sessions Trial No. 187 of 1988 (State Vs. Mohan & Ors.) under Sections 147 , 148, 149, 302, 201 of INDIAN PENAL CODE , 1860, Police Station-Sadabad, District Mathura. Accused-applicant Satendra convicted under Section 147 /302 read with Section 149 and 201 INDIAN PENAL CODE , is sentenced with life imprisonment and one year rigorous imprisonment for the offence under Section 147 of the I.P.C.; three years rigorous imprisonment under Section 201 /149 I.P.C. The accused Mohan and Randheer Singh, convicted under Sections 148 /302 I.P.C. read with Section 201 /149 I.P.C. are sentenced for two years rigorous imprisonment for the offence under Section 148 I.P.C and three years rigorous imprisonment under Section 201 /149 I.P.C. They are sentenced with life imprisonment under Section 302 I.P.C.

2. The present appeal is preferred by three named convicted accused persons namely Satendra S/o Gopichandra, Mohan Singh S/o Brijpal and Randheer S/o Manohar Singh. Two appellants Satendra and Mohan Singh had died during the pendency of the appeal. The present appeal on their behalf stood abated. The appellant no.2, Randheer Singh is the sole surviving appellant in the present appeal. He is in jail since 16.2.2022, in execution of a non-bailable warrant issued by this court for default in the condition of bail granted to him.

Factual Matrix

3. Briefly stating the prosecution case as emerging from the written information submitted by the brother of the deceased namely Banwari in the morning of 26.2.1988 is that at about 9:15 p.m. in the intervening night of 25/26.2.1988, he with his mother Shantidevi, his brother-in-law Suresh Kumar and deceased Prakash were going from their dwelling house at Village Garh Umrao to the place of stay of their guests (Nohra) to meet them. Accused Randheer Singh a native of the same village suspecting that the deceased (Prakash) had illicit relation with his sister Kamla, was inimical to him. He was looking for the opportunity to kill him. When the informant, his deceased brother and mother alongwith Suresh kumar, (brother-in-law of the informant) were on way to Nohra, accused Mohan Singh armed with Katari (Rapier -a little sword type weapon) and Randheer armed with knife with the accused Satendra and two other unknown assailants were seen standing in front of the door of the house of accused Mohan. Satendra and two unknown persons embraced from behind the deceased Prakash and clung with him. Mohan and Randheer Singh began to inflict blows of their Katari and knife on the deceased Prakash from his front side. When the brother-in-law of the informant, the informant himself and his mother tried to rescue him they threatened them to kill them. On their hues and cries, sons of maternal uncle of the informant namely Vijay Kumar and Madan Lal alongwith some other native villagers rushed to the spot who had seen the incident. None of them came ahead to rescue the deceased under fear of the assailants. They (assailants) dragged away the dead body of Prakash from the door of the accused Mohan’s house to a Dharmshala (hospice) across the road and tried to burn the dead body p