BALA KRISHNA NARAYANA,ARVIND KUMAR MISHRA-I,J. - (1.) The arguments of this case concluded on 10.05.2017. Following order was passed by us on that date: "Heard Sri Rajiv Lochan Shukla, Advocate, assisted by Sri Ambar Khanna and Sri Girja Shankar Prajapati for the appellants, Sri A.N. Mulla, Sri Saghir Ahmad, Sri J.K. Upadhyay and Kumari Meena, learned A.G.As. for the State and Smt. Manju Thakur, learned Brief Holder for the State. We will give reasons later but we are making the operative order now. The appeal is allowed. Impugned judgment and order dated 30.11.1988 passed by IIIrd Additional Sessions Judge, Fatehpur, in Sessions Trial No.63 of 1988 convicting and sentencing the appellants Shri Pal, Ram Autar and Bhikkhu to undergo imprisonment for life under Sections 302 and 302/34 is hereby set aside. Appellants Shri Pal, Ram Autar and Bhikkhu are acquitted of all charges. All the appellants Shri Pal, Ram Autar and Bhikhku are on bail. They need not surrender. Their bail bonds are cancelled and their sureties discharged. However, they will comply with the provisions of Section 437-A Cr.P.C."
(2.) The instant criminal appeal has been directed against the judgment and order of conviction and sentence dated 30.11.1988 passed by the Additional Sessions Judge, Fatehpur, in Session Trial No. 63 of 1988, State vs. Bikkhu and two others, arising out of Case Crime No.118 of 1987, under Sections 302 and 302/34 IPC, Police Station Lalauli, District Fatehpur, whereby appellant nos.1 and 2 Shri Pal and Ram Autar have been sentenced to imprisonment for life under Section 302/34 IPC and appellant no.3 Bhikkhu has been sentenced to imprisonment for life under Section 302 IPC.
(3.) Relevant to mention that appellant no.3 Bhikkhu died during pendency of this appeal. Therefore, appeal qua appellant no.3 Bhikkhu stood abated by order of this Court.;