JUDGMENT :

VINOD DIWAKAR, J.

1. Heard Shri Rajiv Lochan Shukla and Shri Pavan Kishore, learned counsel for the appellant, Shri C.L. Singh, learned A.G.A. for the State-respondent, and perused the material placed on record.

2. Upon completing the investigation [In Case Crime No.171 of 1978, u/s 302 read with section 34 IPC registered at P.S. Jani, District Meerut] the police filed the chargesheet against the accused-appellant Indra Pal, and co-accused Sohanvir. The accused-appellants were charged under Section 302 read with section 34 IPC, wherein, they denied the prosecution case and claimed trial.

3. The learned trial court vide impugned judgment and order dated 26.11.1980 convicted the accused-appellant Indra Pal and co-accused Sohanvir, and vide order dated 27.11.1980 sentenced them to undergo life imprisonment for the offenses under Section 302 read with Section 34 I.P.C. Aggrieved by the impugned judgment of conviction and order of sentence, the accused-appellants preferred the instant appeal before this Court.

4. The co-accused Sohanvir assailed the impugned judgment of conviction and order of sentence through separate Criminal Appeal bearing No. 2741 of 1980, who died on 5.11.201