Arijit Pasayat, J. - (1.) The appellant questions his conviction for offence punishable under Section 302 read with Section 34. Section 307 read with Section 34 and Section 394 of the Indian Penal Code, 1860 (in short "the IPC").
(2.) Trial Court had convicted the appellant 3 others who faced trial with him for the offences relatable to Sections 302 and 307 read with Section 34 and Section 394, IPC. Each was sentenced to undergo imprisonment for life for the first offence and for the other two offences 5 years imprisonment on each count. All the four accused persons preferred appeal before the High Court. During pendency of the appeal before the High Court two of them, namely, Iqbal Sankar and Jungli (A-3 and A-4 respectively) died and the appeal stood abated so far as they are concerned, the conviction and sentence were maintained so far as the appellant and A-1 Devi Shankar are concerned. It is pointed out that the SLP filed by A-1 Devi Shankar has been dismissed by this Court.
(3.) Prosecution version and the stand taken by the accused during trial are essentially as follows : Arun Singh, H. P. Tewari (PWs-1, 3 respectively) and the deceased were coming after seeing the fair at Bhuvreshwar and were going back to their village. On the way, near the village Bhawalia at about 7.30 p.m. when the sun had set, they felt the need of some Beedi and went to purchase it. The weather was cloudy and there was drizzling. They entered in village and purchased the Beedi from a shop and decided not to go further to their village, as it was dark and rain had started falling, they decided to stay at the house of Raj Bahadur Singh (PW-5), whom (PW-3) claimed to know. ;