Surendra Vikram Singh Rathore, J. - (1.) Shri Nagendra Mohan, learned counsel for the appellants assisted by Shri Nadeem Murtaza, Advocate, and Shri Umesh Verma, learned AGA for the State, were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 22.05.1982 passed by 3rd Additional Sessions Judge, Barabanki, in Sessions Trial No. 188 of 1981 arising out of Case Crime No. 14 of 1979, Police Station Zaidpur, District Barabanki, whereby the present appellants were convicted and sentenced as under: - - (i) 302 IPC read with Sec. 149 IPC - Imprisonment for life; (ii) 324 IPC read with Sec. 149 IPC - Rigorous imprisonment for a period of three years, and (iii) 148 IPC - Rigorous imprisonment for a period of two years. All the sentences were directed to run concurrently.
(3.) During pendency of the instant appeal, appellants Sri Kishan and Rajendra @ Rajendra Singh expired and their appeal was abated vide orders dated 04.12.2015 and 11.01.2016 respectively. One accused Pancham had died during pendency of the trial. Thus, at present only four appellants namely Dharmesh, Rameshwar, Ram Kishore and Vijai @ Vijai Singh are before us.;