FAROOQ Vs. STATE OF U P

JUDGEMENT

(1.) A. B. Srivastava, J. Against their conviction for the offence under Section 302 read with Section 34 of the I. P. C. , recorded by the III Additional Sessions Judge, Barabanki, vide his judgment and order dated 26-3-1984, and sentence of imprisonment for life awarded thereunder, the appellants, abovenamed, have preferred this appeal.

(2.) THE prosecution story, as unfolded in the First Information Report, and the version of the eye- witnesses, is that Vishnu Dutt (acquitted by the trial Court), who is Pradhan of Raria, a hamlet of village Barolia, under Police Station Fatehpur, district Barabanki, to which place deceased Shriram and his brother informant Sone Lal (P. W. 1), also belong, was inimical towards Shriram on account of the dispute regarding election and also because the deceased has instrumental in getting complaints made by the villagers regarding misappropriation against Vishnu Dutt, Appellant Munna is the son of Vishnu Dutt, whereas appellants Farooq, Jagat Pal Secretary, alias C. T. are the friends and helpers of Munna. THE deceased Shriram lived along with his family in Raria and looked after his cultivation as well as that of Sone Lal, who is a lawyer by profession, residing in the city of Barabanki, Sone Lal used to go to his village on Saturdays and various holidays to look after his cultivation and stay there. Ram Chandra (P. W. 3), the son of Shriram, resided in Lucknow in connection with his law studies and visited Raria in holidays.