JUDGMENT

J.M. Panchal, J. —

The instant appeal by Special Leave is directed against Judgment dated August 17, 2004 rendered by Division Bench High Court of Judicature at Allahabad in Criminal Appeal No. 828 of 1981 by which the conviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed by the learned III Additional Sessions Judge, Agra in S.T. No. 120 of 1980 is confirmed.

2. The facts emerging from the record of the case are as under:-

The first informant i.e. Bhure Lal had gone to Shamsabad, Agra (U.P.) on December 30, 1979 at the Filter Centre of one Ravi Pandit to take diesel. He was accompanied by his son Puran Singh and two residents of his own village namely Rajendra and Pohan Singh. Only the son of the first informant got two cans of diesel. The first informant with his son and others was returning home at about 3.00 to 3.15 P.M. When he was at a distance of 40 to 50 steps from Ram Khera Toll Naka, he was accosted by (1) Ram Bharose (the appellant herein), (2) Jagge, (3) Munna and (4) Brijendra. On spotting Puran Singh, the accused told that Puran should not be permitted to return alive. The appellant and Jagge had Tamanchas with them. Accuse