RAKESH TIWARI, J. - (1.) HEARD Sri Mayank Gupta, learned counsel for the appellant in Criminal Appeal No. 990 of 1995 (Sri Krishna versus State of U.P.), Ms. Usha Kiran, learned AGA for the State. As none has appeared on behalf of appellant Bhole Shankar in Criminal Appeal No. 989 of 1995 (Bhole Shankar alias Ram Babu versus State of U.P.), therefore, Sri Mayank Gupta, Advocate has been appointed as Amicus Curiae to argue the case on behalf of appellant Bhole Shankar. Heard him and Ms. Usha Kiran, learned AGA and perused the record.
(2.) THE aforesaid criminal appeals under Section 374(2) Cr.P.C. have been preferred by the appellants challenging the validity and correctness of the impugned judgment and order dated 22.6.1995 passed by the District District and Sessions Judge, Kanpur Dehat in S.T. No. 384 of 1994 (State Versus Sri Krishna and others) whereby the appellant -accused was found guilty for the offence punishable under Section 302 IPC and remaining two accused namely, Shri Krishna and Anil were found guilty for the offence punishable under Section 302 IPC read with Section 34 IPC and each of them had been convicted and sentenced to undergo imprisonment for life.
(3.) SINCE aforesaid Criminal Appeals emanate from the common judgment and are entwined by same facts and law, therefore, they have been heard together and are being decided by this judgment. Before proceeding with the hearing on merits we may point out here that during the pendency of connected Criminal Appeal No. 990 of 1995 appellant Shri Krishna has died near about six years back from the date of report dated 31.7.2004 by the C.J.M., Kanpur Dehat. Therefore, the appeal against Sri Krishna was abated vide order dated 10.9.2014.;