Dinesh Kumar Singh, J. - (1.) These two appeals arise out of judgment of conviction dated 15.03.1982 and order of sentence dated 18.03.1982 passed by IInd Additional District and Sessions Judge, Sitapur in Sessions Trial No.291 of 1980 arising out of Case Crime No.192 of 1979 under Sections 147, 148 and 302/149 IPC, Police Station Hargaon, District Sitapur.
(2.) During the pendency of the appeal, appellant Nos.1, 3 and 6 (Chandra Bhal, Ram Gopal and Shyam Behari respectively) in Criminal Appeal No.220 of 1982 and appellant No.1, Gaya Prasad and appellant No.3, Rameshwar in Criminal Appeal No.221 of 1982 had died. Accordingly, vide orders dated 18.12.2018, 09.03.2016 and 12.03.2016 after the factum of death of the aforesaid appellants got confirmed, appeals stand abated on their behalf.
(3.) The prosecution story in brief as emerges out from the record is that the accused committed the murder of the deceased, Anant Ram, brother of the complainant, Merai Lal on 24.06.1979 at 6:30 A.M. in village Nurpur, Police Station Hargaon, District Sitapur. The accused formed an unlawful assembly and in prosecution of their common object, they committed the murder. All the accused persons are descendants of a common ancestor namely Gobrey. Gobrey had two sons namely Shankar and Bechu. Names of the accused are given in bold in the pedigree of Gobrey described hereunder:-;