Bharat Bhushan, J. - (1.) Appellants have assailed the judgment and order dated 23.4.1983 passed in Sessions Trial No. 156 of 1982 (State v. Rakesh Singh and others) arising out of Crime No.533 of 1981 under Section 302 read with Section 34 of Indian Penal Code (in short I.P.C.) Police Station (P.S.) Tilhar, District Shahjahanpur whereby all four appellants, namely, Rakesh Singh, Karan Singh, Satypal Singh and Udhan Singh have been convicted and sentenced to life imprisonment by the then Special Judge, Shahjahanpur.
(2.) Appellant No. 4 Udhan Singh has died, therefore, his appeal stands abated vide order dated 3.3.2016 passed by co-ordinate Bench of this Court. This Court is now concerned only with the appeals of appellant Rakesh Singh, Karan Singh and Satypal Singh.
(3.) Prosecution story in brief is that on 30.12.1981 deceased Narbir Singh was busy in digging his boring to the west of village Mahiyyapur. Deceased had invited his nephew Saran Pal Singh (P.W.1) from nearby village Behta Pathak, P.S. Kanth, District Shahjahanpur for help. On the date of occurrence i.e. on 30.12.1981. Saran Pal Singh ( P.W.1) came to village Mahiyyapur for this purpose. Deceased Narbir Singh, his fourteen years old son Virendra Singh (P.W. 3) and Jai Chand, (cousin) were involved in digging on this day. Janki Devi (P.W. 2) widow of deceased Narbir Singh and her son-in-law Mahendra Singh came to the place of boring with their noon meals. All of them took meals together. P.W. 2 Janki Devi and her son-in-law Mahendra Singh also stayed back.;