Rakesh Kumar, J.

1. Heard Sri Kanhaiya Prasad Singh, learned senior counsel, assisted by Sri Kumar Dhirendra Pratap Singh, learned counsel for the appellant {in Cr. Appeal (DB) No. 1076 of 2010} and Sri Ajay Mishra, learned Addl. Public Prosecutor. Yesterday, when the matter was taken up, there was non-appearance on behalf of appellants in Cr. Appeal (DB) No. 1053 of 2010 and today again, there was non-appearance and as such, for just decision in the matter, the Court requested Mrs. Mayuri, learned counsel to assist the Court as Amicus Curiae and she agreed for the same. Accordingly, we heard her on behalf of appellants in Cr. Appeal (DB) No. 1053 of 2010, as Amicus Curiae.

2. Appellants in aforesaid two appeals were tried together and convicted & sentenced by the common judgment of the trial court and as such, both the appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

3. The appellant no. 1 Bhajan Yadav (since dead, his appeal stood abated) and appellant no. 2 Beni Yadav {in Cr. Appeal (DB) No. 1076 of 2010} by judgment dated 25-08-2010 were convicted for commission of offence under Section 302 of the Indian Pe