Surendra Vikram Singh Rathore, J. - (1.) Mr. Bhola Singh Patel, learned counsel for the appellants, and Mr. Umesh Verma, learned AGA for the State, were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 01.07.1982 passed by 8th Additional Sessions Judge, Sitapur, in Sessions Trial No. 548 of 1981 arising out of Case Crime No. 201 of 1977, Police Station Talgaon, District Sitapur, whereby 9 accused persons including present surviving appellants were found guilty for the offence and were convicted and sentenced as under: - - "(i) 302 IPC read with Sec. 149 IPC - Imprisonment for life; (ii) 201 IPC read with Sec. 149 IPC - Rigorous imprisonment for a period of five years, and (iii) 148 IPC - Rigorous imprisonment for a period of two years." All the sentences were directed to run concurrently.
(3.) In this case, 12 accused persons were named in the first information report but during trial accused Surendra, Amar Nath and Nattha son of Behari expired and therefore their case was abated and only 9 accused persons were convicted. However, during pendency of the instant appeal, 6 accused persons namely Amrendra Tewari, Banwari, Ram Autar, Chandou, Vidya Ahir and Natha Ahir expired and vide our order dated 16.12.2015 the appeal so far as it relates to them was abated. Now the surviving three appellants namely Uma Shankar, Raj Kishore and Santosh are before us.;