Surendra Vikram Singh Rathore, J. - (1.) Shri Nagendra Mohan, learned counsel for the appellants, and Ms. Ruhi Siddiqui, learned AGA for the State were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 01.10.2005 passed by VII Additional Sessions Judge, Pratapgarh, in Sessions Trial No. 461 of 1994 arising out of Case Crime No. 174 of 1991, Police Station Fatanpur, District Pratapgarh, whereby appellant Rajesh Kumar @ Munna was convicted for the offence under Sec. 302 IPC and remaining appellants namely Lalta Prasad Dube, Ghanshyam Dube and Prem Shanker Dube were convicted for the offence under Sec. 302 read with Sec. 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 2000/ - each with default stipulation of one year's' rigorous imprisonment. All the four appellants were further convicted for the offence under Sec. 323 read with Sec. 34 IPC and were sentenced to undergo rigorous imprisonment for a period of one year. Both the sentences were directed to run concurrently.
(3.) During pendency of the instant appeal, appellant No. 1 Lalta Prasad Dube expired and the appeal in respect thereof was abated vide order dated 05.01.2016.;