Krishna Murari, J. - (1.) This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 21.9.1983 passed by Vth Additional Sessions Judge, Meerut in Sessions Trial No.126 of 1980 convicting the appellants under Sections 302/34 I.P.C. and sentencing them to imprisonment of life and to pay a fine of Rs.5,000/- each and in default of payment of fine to further undergo three years rigorous imprisonment. Further convicting the appellants under Section 449 I.P.C. and sentenced them to three years rigorous imprisonment. Both the sentences were ordered to run concurrently.
(2.) As the appellant no.1 Bhopal Singh died, the appeal filed by him stands abated vide order dated 4.8.2016.
(3.) According to prosecution story, as per chik FIR, date of incident is 25.9.1979 at about 5.00 to 5.15 a.m. morning. Report has been lodged at police station on the same day at about 13.15 p.m. Distance of the police station from the place of occurrence is stated to be 6 miles. Its special report has been sent to the higher authorities on 26.9.1979. The informant of the case Mehar Singh is the real brother of deceased Fateh Singh. Named accused are Bhopal Singh, Rajbal Singh and Ombir Singh. Weapon assigned to the accused appellants is 'farsa'. Initially the FIR was registered under Sections 323, 324 I.P.C. against the above named accused, but after investigation charge sheet had been filed against the accused appellants under Sections 323, 324 and 304 I.P.C.;