BALA KRISHNA NARAYANA,J. - (1.) The arguments of this case concluded on 11.05.2017.
(2.) We then made the following order:- "Heard Sri G.S. Hajela for the appellants and Sri A.N. Mulla, Sri Saghir Ahmad, Sri J.K. Upadhyay, 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. In totality, the appeal is allowed in part. Qua appellant no.1- Phalloo, the impugned judgment and order of conviction dated 30.03.1988 passed by Sessions Judge, Lalitpur, in Sessions Trial No.41 of 1987, convicting and sentencing the appellant Phalloo to undergo life imprisonment under Section 302 read with Section 34 I.P.C. is hereby set aside by us. Appellant Phalloo is acquitted of all charges. Hence, this appeal is allowed qua appellant no.1- Phalloo. Appellant no.1- Phalloo is on bail. He need surrender. His personal bonds are cancelled and sureties discharged. However, he will comply with the provisions of Section 437-A Cr.P.C. Qua appellant no.2- Ram Swaroop, his conviction recorded by the learned Sessions Judge, Lalitpur under section 302/34 I.P.C. is modified to one under section 302 I.P.C., while sentence of life imprisonment awarded to him is confirmed. The impugned judgment and order stands modified accordingly qua appellant no.2- Ram Swaroop. Hence, this appeal is allowed in part qua appellant no.2- Ram Swaroop. Appellant no. 2- Ram Swaroop is on bail. He be taken into custody forthwith and sent to jail. His personal bonds are cancelled and sureties discharged."
(3.) Here are the reasons:-;