Om Prakash, J. - (1.) The present criminal appeal has been preferred by the accused appellants Bhagwan Das, Bechan alias Ghanshyam Das, Janardan Prasad and Maqsudan against the judgement and order dated 5.4.1988 passed by III Additional Sessions Judge, Ghazipur in Sessions Trial No. 122 of 1986 (State Versus Bhagwan Das and Others), Police Station Kasmabad, District Ghazipur convicting and sentencing the accused appellants for the offence punishable under Section 306 IPC to undergo ten years rigorous imprisonment and for the offence punishable under section 201 IPC to undergo three years rigorous imprisonment. It was directed by the trial Court that both the sentences shall run concurrently.
(2.) In this appeal, out of four accused-appellants, accused-appellant no.1 Bhagwan Das and accused-appellant no.2 Bechan alias Ghanshyam Das were reported to have died pending appeal so appeal has been ordered to have abated in respect of appellant no.1 Bhagwan Das and appellant no.2 Bechan alias Ghanshyam Das vide order dated 9.3.2017. Thus, the appeal is being decided only against accused-appellant no.3 Janardan Prasad and accused-appellant no.4 Maqsudan.
(3.) Facts giving rise to the present appeal may be summarized as under.;