Judgment

Shah, J.-These two appeals are filed against the Judgment and Order dated 3rd September, 1996 in Criminal Appeal No. 14 of 1985 and Crimi­nal Appeal No. 62 of 1985 by which Conviction of original accused Nos. 2 and 3 under Section 302 read with Section 34 IPC and that of original accused No. 1 under Section 302 IPC is upheld by the High Court and they all have been sentenced to undergo rigorous imprison­ment for life.

2. It is a prosecution version that on 7th February, 1983 Sambhu Yadav who was working as an employee in the cloth shop at Chanpatia Bazar was returning at about 7.00 p.m. on a bicycle. At about 8.00 p.m., when he reached about 100 yards north of Ghogha Chowk on the pitch road, he met three persons who abused him and asked him to shop his bicycle. Thereafter, Paras Yadav (accused No. 1) caught hold of the bicycle and accused Nos. 2 and 3, Satan and Tulsi caught both the arms of Sambhu Yadav and started assaulting him with fists and slaps. In the meantime, Paras Yadav gave chhura blow in abdomen. Accused there­after fled away. On hulla being raised, Jhakhari Yadav (P.W. 9), Bagur Raut (P.W. 8), Basgeet Yadav (P.W. 1), Gogari Yadav and other persons came there. I