Vijay Lakshmi, J. - (1.) This appeal has been preferred against the judgment and order dated 3.9.1985 passed by the IV Additional Sessions Judge, Etawah, in S.T. No. 296 of 1983, State Vs. Ram Prakash and others, whereby the appellants have been convicted u/s 307/34 I.P.C. and have been sentenced to undergo R.I. for three years.
(2.) At the very outset, it is very relevant to mention that out of the three appellants, appellant no. 1, Ram Prakash, died and the appeal stood abated in respect of him on 11.12.2014. Out of the remaining two appellants, appellant no. 3, Gaya Prasad, took the plea of juvenility, during pendency of this appeal, on which this court vide order dated 9.9.2015 referred the matter to the Juvenile Justice Board, Etawah, with direction to conduct an enquiry in accordance with law after giving opportunity of hearing to the complainant side and to ascertain the age of the appellant Gaya Prasad on the date of the occurrence. The Juvenile Justice Board, Etawah, after recording statements of witnesses and giving due opportunity of cross-examination to the complainant party and also on the basis of medical examination report submitted its report dated 4.12.2015 to the effect that the age of the appellant Gaya Prasad was less than 18 years at the date and time of the occurrence.
(3.) As the appellant, Gaya Prasad, has been declared a juvenile, his case should be dealt separately. Accordingly, his file is hereby separated from the file of the adult appellant Sri Krishan.;