Judgment

S. RATNAVEL PANDIAN, J.:-The above appeal is preferred by the State of Uttar Pradesh challenging the correctness of the judgment dated 27-8-79 rendered by the Allahabad High Court in Criminal Appeals Nos. 1799 and 1800 of 1979 along with Referred Case No. 13 of 1979 allowing the appeal preferred by both the respondents and rejecting the reference made under Section 363 of the Code of Criminal Procedure for confirmation of the sentence of death imposed on the respondents. At the outset, it may be mentioned that the first respondent, namely, Vinod Kumar alias Channi is admittedly stated to have died. During the pendency of this appeal, none of the relatives of the deceased, Vinod Kumar has applied for leave to continue the appeal within 30 days of the death of Vinod Kumar as contemplated under Section 394 of the Code of Criminal Procedure. Hence the appeal as against Vinod Kumar abates. Therefore, we are now called upon to decide this appeal only with reference to the second, respondent, namely Udai Bhan Singh.

2. The allegations on the basis of which both the respondents took their trial are that on 25th April 1978 at about 9.15 p. m. in front of the shop under the name and s