- (1.) The instant criminal appeal has been preferred challenging the impugned judgment and order of conviction and sentence dated 15.12.1982 passed by learned Sessions Judge, Etah, in S.T. No.498 of 1982 arising out of case crime no.108 of 1981, P.S. Bagwala, District Etah convicting and sentencing under section 302 read with section 34 IPC for life imprisonment.
(2.) The appeal was admitted on 22.12.1989 and prayer for bail was allowed. During pendency of the appeal Khem Karan died and appeal in respect of him stands abated. Hence now the appeal survives and the same has to be decided on behalf of appellant no.1, Mahendra Singh and appellant no.3, Ram Das.
(3.) Mr. Rahul Mishra, learned Advocate, appeared on behalf of appellants and Mr. A. N. Mullah appeared on behalf of State of U.P.;