(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.01.2014 passed by the High Court of Judicature at Allahabad in Government Appeal No. 2895 of 1982, by which the High Court has allowed the said appeal preferred by the State and has reversed the judgment and order of acquittal passed by the learned trial Court acquitting the accused for the offences punishable under Section 302 r/w 34 of the I PC and consequently has convicted the appellant -original accused no.4 for the aforesaid offences, the original accused no.4 has preferred the present appeal.
(2.) That as per the case of the prosecution the deceased was the Pradhan of the village for more than two decades. The accused were having grudge against him. On 6.10.1981 at about 7:00 a.m., the deceased was going, as usual, to attend the call of nature towards the bank of river Yamuna situated near his village. When the deceased reached near Basic School, Nagarwar, all the four accused suddenly emerged out from the Bajra field of Ram Sajiwan. Accused Murlidhar Pathak and Gurudutt Pathak were armed with lathis, Dharmraj Pathak was armed with spear and Ramraj Pathak was armed with pistol. The deceased was attacked by the accused with spear and lathis. The deceased fell down on earth. They crushed his head with lathis. On hue and cry, first informant Satrughan Pathak, his brother Ramsukh Pathak, Lalmani Pathak and Shiv Shankar, who were already there at a short distance, rushed towards the deceased whereupon accused Ramraj Pathak fired a shot from his pistol towards the deceased and all the assailants ran away along with their weapons. The deceased received his instantaneous death at the spot.
(3.) Feeling aggrieved and dissatisfied with the order of acquittal passed by the learned trial Court, the State preferred appeal before the High Court. During the pendency of the appeal, accused nos. 1 to 3 died/expired and therefore the appeal against the appellant herein -original accused no.4 was proceeded further. That on re-appreciation of the entire evidence on record, by the impugned judgment and order, the High Court has allowed the appeal and has set aside the order of acquittal passed by the learned trial Court and consequently has convicted the appellant herein - original accused no.4 for the offences under Section 302/34 IPC and has sentenced him to undergo life imprisonment.
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