ALOK KUMAR MUKHERJEE, JJ. - (1.) Since both these appeals have been preferred against a common judgment and order dated 24.6.1983, passed by the VIII Additional Sessions Judge, Agra in S.T. No.414 of 1982 (State Vs. Dalbir Singh and another) arising out of Crime No. 130 of 1982, P.S. Firozabad (North), District Agra, convicting the appellants under section 302 read with section 34 IPC and sentencing them to undergo imprisonment for life, both these appeals were connected and heard together.
(2.) It is relevant to mention that while hearing these appeals, it has been noticed by us that the sole accused-appellant Durab has died during pendency of Criminal Appeal No. 1492 of 1983 (Durab Vs. State of U.P.), therefore, his appeal stands abated vide order dated 21.1.2016 of Coordinate Bench of this Court, as such connected Criminal Appeal No. 1587 of 1983 (Dalbir Singh Vs. State of U.P.) is being disposed of by this judgement.
(3.) The appellant/accused Dalbir Singh has filed this appeal against the aforementioned judgement and order dated 24.6.1983 on the ground that the learned trial court below has erred in believing the prosecution case and the evidence examined in support thereof. The conviction of the appellant is against the weight of evidence on record.;