- (1.) Leave granted.
(2.) This appeal is directed against the judgment and final order dated 6th January, 2018 passed by the Allahabad High Court in Criminal Appeal No.591 of 1983 whereby the High Court has dismissed the appeal filed by the appellant and upheld the conviction and sentence of life imprisonment awarded to the appellant by the learned Additional Sessions Judge, Bulandshahr in Sessions Trial No.394 of 1982 under Section 302 read with Section 34 IPC.
(3.) The facts in brief need mention for disposal of this appeal are as follows: A written report (Ext.Ka-1) was handed over by the first informant Smt. Gajendri, wife of Raghuraj Singh, the deceased to the effect that litigation was going on between her husband on one side and Kamal Singh, son of Sher Singh of his village and others on the other over the land. Today at 10.30 a.m. when she along with her mother- in-law Kasturi Devi and husband Raghuraj Singh were working in her field, Rohtash, son of Tarif, armed with "Pharsa", Suresh, son of Tarif, armed with Balkati, Sheodan, son of Tarif was having axe and Rajendra son of Kamal Singh came to the field. Rajendra told Raghuraj that you pose yourself to be a big litigant, today I will teach you a lesson. At his instance accused Rohtash, Suresh and Sheodan with an intention to kill, attacked her husband with their respective weapons, due to which he fell down. On the shriek of her mother-in-law, Kunwar Pal, Fakira Khan, Jagvir and several other persons rushed to the spot. On the challenge of the witnesses, the accused fled away. She brought her injured husband to the District Hospital in a bullock cart where later on he succumbed to his injuries after nine days.;