Pratyush Kumar, J. - (1.) The present appeal, filed by three accused appellants, under Sec. 374 CrPC, is directed against the judgment and order dated 06.07.1982 passed by learned Sessions Judge, Barabanki in Sessions Trial No. 209 of 1981 [State v/s. Bharat and two others], whereby he convicted the present appellant Nos. 1 and 2 under Sec. 302/34 IPC and the appellant No. 3 under Sec. 302 IPC and sentenced them to undergo imprisonment for life.
(2.) The appellant No. 2 has died during the pendency of the appeal. Appellant Nos. 1 and 3 are on bail. The appeal of appellant No. 2 Sri Ram stood abated vide order dated 15.10.2015.
(3.) The prosecution case in the instant matter may be summarized as under: "That on 16.06.1980 at 9.30 P.M. Smt. Gaura lodged a written report at Police Station Safadarganj stating therein that her husband Ram Sajiwan, brother -in -law (Devar) Ram Vilas and younger brother of father -in -law Naipal used to work in the Bara of Jhabbu Seth at Safadarganj, that day her infant daughter was ill, for her treatment she came to Safadarganj. After duty hours, they were returning back to together railway station Safadarganj by the side of railway line, they had to catch local train to reach up to Saidkhanpur. Naipal and Ram Vilas had torches with them. Near the signal, when they almost reached Mal Godam at about 8.15 PM Bharat, Sri Ram and Balak Ram of her village hidden behind railway Thokar came suddenly in front of her husband, Bharat and Sri Ram caught hold of her husband, Balak Ram fired on the left temple of her husband, he fell down and died. Hearing the alarm and gun shot neighbouring persons came there running, at that accused persons ran away. Accused bore enmity with her husband.";