Arvind Kumar Tripathi, J. - (1.) The instant appeals have been preferred challenging the judgment and order of conviction dated 05.06.1999 passed by Additional Sessions Judge -VII, Azamgarh in Session Trial No. 322 of 1998 arising out of Case Crime No. 44 of 1998, under Ss. 302, 201, 316 I.P.C., P.S. Jahanaganj, District Azamgarh, convicting and sentencing the accused -appellants under Sec. 302 read with Sec. 34 I.P.C. for life imprisonment and penalty, a sum of Rs. 10,000/ - each, in default one year rigorous imprisonment, under Sec. 376 I.P.C. 10 year rigorous imprisonment and fine for a some of Rs. 5,000/ - each in default, six months rigorous imprisonment and under Sec. 201 I.P.C., they were acquitted and further directed to run the sentences concurrently.
(2.) All the above noted Criminal Appeal Nos. 1475 of 1999 on behalf of appellants Santosh Rai and Ganesh Rai, 1514 of 1999 on behalf of appellant Kamla Kant Rai @ Babloo Rai, Criminal Appeal Defective No. 125 of 1999 on behalf of Santosh Tiwari and Government Appeal Defective No. 130 of 1999 have been preferred against same judgment and order passed in Session Trial No. 322 of 1998, hence all appeal were heard and the same are being decided jointly by common order.
(3.) Mr. Anoop Trivedi, learned Advocate appeared on behalf of appellant Kamla Kant Rai @ Babloo Rai; Mr. Kamal Krishna, Senior Advocate assisted by Mr. Hemant Kumar Singh, learned Advocate appeared and argued on behalf of appellant Ganesh Rai; Mr. Manendra Narayana Pathak, learned Advocate appeared on behalf of appellant Santosh Tiwari. As far as appellant Santosh Rai is concerned, he was reported to be dead, hence, appeal in respect of appellant Santosh Rai stands abated.;