Arvind Kumar Mishra-I, J. - (1.) Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Samit Gopal, learned counsel for the appellants, Sri. Saghir Ahmad, learned AGA assisted by Km. Meena, Ms. Manju Thathur, learned AGAs, Sri. Syed Hasan Shaukat, brief holder for the State and perused the record of this appeal.
(2.) By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 31.03.1990 passed by the Additional Sessions Judge/Special Judge, Fatehpur, in Sessions Trial No.390 of 1988 State v. Devi Gulam and others , arising out of Case Crime No.29 of 1987 under Sections 302/34, 325 and 325/34 IPC, Police Station Jafarganj, District Fatehpur, whereby accused-appellants Devi Gulam, Ram Gopal and Mithlesh Kumar Shukla have been sentenced to life imprisonment under Section 302 read with Section 34 IPC, accused-appellants Devi Gulam and Ram Gopal have been further sentenced to three years rigorous imprisonment under Section 325 read with Section 34 IPC and each of the accused-appellants has been sentenced to pay a fine of Rs. 500/- under Section 325 IPC and default stipulates additional rigorous imprisonment for three months. All the sentences were directed to run concurrently.
(3.) Relevant to mention that appellant no.2 Ram Gopal has died during pendency of the appeal. The appeal in respect of appellant no.2 Ram Gopal stood abated on 22.09.2015. The instant appeal is being heard and disposed of in respect of the surviving appellants namely Devi Gulam and Mithlesh Kumar Shukla.;