(1.) Present criminal appeal has been preferred by appellant Genda Lal against the judgment and order dated 19.12.2003 passed by Additional Sessions Judge/Fast Track Court No. 1, Mainpuri in Sessions Trial No. 64 of 1999 (State of U.P. Versus Gendra Lal and others) arising out of case crime no. 88 of 1992, under section 307 IPC, Police Station Kotwali, District Mainpuri whereby appellant has been convicted and sentenced for offence under section 307 read with Section 34 IPC to undergo R.I. for four years and fine of Rs. 2,000/- along with a default sentence of 3 months.
(2.) At the very outset it is made clear that accused Param Sukh and Jamal Khan died during trial, therefore, trial was completed only against the present appellant Genda Lal.
(3.) Prosecution story, in brief, as unfolded in chik FIR (Ex.Ka.3) is as follows :