JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants. The trial Court i.e. learned IInd Additional Judge, Banda by his judgment dated 25.3.1981 found the appellant Krishna guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and Section 307 and sentenced him to undergo RI for life and seven years respectively for the aforesaid offences. Though he was found guilty of offence punishable under Section 323 IPC read with Section 34 IPC no separate sentence was awarded to him. Accused Sumera who was convicted for offences punishable under Section 302, 307, 323 read with Section 34 IPC has died. Appellant Kaira was similarly convicted. Sentence of imprisonment for life, three years and six months were respectively imposed for the above said offences. All the three accused persons preferred an appeal but since the appellant Sumera died during the pendency of the appeal, appeal was held to have abated so far as he is concerned.

3.Background facts as projected by prosecution in a nutshell are as follows :

“Appella