Dinesh Kumar Singh, J. - (1.) Heard Sri Vinay Saran, learned counsel for appellants and learned AGA for the State.
(2.) This criminal appeal has been preferred against judgement and order dated 17.9.1985, passed by 4th Additional District & Sessions Judge, Etawah in Sessions Trial No.239 of 1983 (Ashok Kumar and others Vs. State of U.P.), whereby the accused-appellants namely Ashok Kumar, Virendra Kumar, Vimal Kumar and Smt. Lakshmi Devi have been convicted under Section 302 read with Section 34 IPC and sentenced with life imprisonment. Out of the above accused-appellants the accused-appellant no.3 namely Virendra Kumar who is the father of the accused-appellant no.1 Ashok Kumar has already died and his appeal has been directed to be abated vide courts order dated 28.8.2018, hence this appeal survives of only three accused namely Ashok Kumar (husband of deceased), Vimal Kumar (brother-in-law of deceased) and Smt. Lakshmi Devi (mother-in-law of deceased).
(3.) The facts in brief of this case are as follows;-;