- (1.) Heard Mr.Satya Prakash, learned counsel for the appellants and Mr.Rajiv Gupta, Mr.Ramyash Pandey, Mr.Rahul Asthana and Mr.S.N Tripathi, learned A.G.A for the State.
(2.) The present appellants have preferred this criminal appeal under section 374(2) of the Criminal Procedure Code against the judgment and order dated 6.12.1983 of conviction and sentence passed by the Session Judge, varanasi in Session Trial No.197 of 1983 whereby the learned Judge convicted both the appellants under section 302 I.P.C read with Section 34 and sentenced to undergo imprisonment for life for the aforesaid offence . 2.1 The investigation started after the deceased was admitted in the hospital for being treated for burn injuries. Her dying declaration was recorded on information being sent by the hospital authorities to the next Police Station who informed the Doctor and the Magistrate for recording of the dying declaration of the deceased. After the dying declaration was recorded, the father of the deceased gave the first information on 19.3.1983 to the Police Station in Chetganj, Varanasi. The police after recording the statements and after preparing the Panchnama lodged the charge sheet before the Court of competent Magistrate.
(3.) The appeal was filed in 1983 and during this period the appeal stood abated qua appellant no. 2. The accused no. 1 husband who was enlarged on bail did not appear before this Court despite the matter being adjourned from time to time. Therefore, he was summoned by way of summon and he appeared on 12th of April 2016 through his Advocate and the matter was heard, as the record and proceedings were before this Court.;