JUDGMENT :

Vivek Kumar Birla, J.

1. Heard Shri Dilip Kumar, learned Senior Counsel assisted by Shri Rijwan, learned counsel for the sole surviving appellant Dheer Singh as well as Shri Ghanshyam Kumar, learned AGA for the State of U.P. and perused the record.

2. Present Criminal Appeal has been filed against the judgment and order dated 31.01.1984, passed by learned Sessions Judge, Saharanpur in Sessions Trial No.112 of 1982, convicting and sentencing the appellant no.1-Dheer Singh under section 302 IPC and appellant no.2 Yashpal under section302/34 IPC to undergo imprisonment for life to both the appellants.

3. Vide order dated 31.07.2018 the appeal stood abated in respect of appellant no.2-Yashpal. Now the appeal is surviving only in respect of appellant no.1-Dheer Singh.

4. Prosecution story in brief is that a litigation was going on between the complainant and the accused Dheer Singh with regard to passage (Rasta). On 13.10.1981 at about 8 a.m. one Kantu, Vikram, Dharam Pal and one Banwari, who is stated to be the brother-in-law of Dharam Pal, tried to block the said way, which was resented by the deceased Mangat, whereupon Kantu, father of the accused Dheer Singh, caught-hold o