AKHTAR HUSAIN KHAN, J. - (1.) PRESENT appeal has been filed by accused appellants Harendra Singh, Jitendra Singh, Deena Nath Mishra and Hari Shanker Yadav under section 374(2) Cr.P.C. against judgement and order dated 3.5.1995 passed by learned Special Judge, Deoria in S.T. No.114 of 1978 (State Vs. Ravindra Singh and others), under sections 148 and 302/149 I.P.C., Police Station Mail, District Deoria, where by learned Special Judge, Deoria has convicted aforesaid accused appellants for offence punishable under section 302 I.P.C. read with section 34 I.P.C. and has sentenced each of them thereunder with imprisonment for life.
(2.) APPELLANT no.2 Jitendra Singh and appellant no.4 Hari Shanker Yadav died during pendency of appeal. Therefore, appeal abated in respect of them.
(3.) LEARNED counsel Shri Sudhir Dixit and Shri Akhilanand Mishra appeared for the surviving accused appellants. Shri Narendra Kumar Singh Yadav, learned A.G.A. appeared for State respondent. We have heard the parties and have gone through record of the case.;