Challenge in this appeal is to the judgment and order dated 25. 3. 1982 passed by the 3rd Additional Sessions Judge, Moradabad in S. T. No. 624 of 1979 (State v. Kalloo and others), whereby the appellant accused Kalloo @ Kalwa has been convicted and sentenced to undergo imprisonment for life under section 302 of Indian Penal Code (in short, i. P. C. ), and the appellants-accused Smt. Sharifan, Iliyas and Ali Husain have been convicted and sentenced to undergo imprisonment for life under section 302 read with section 34ipc

2. During pendency of this appeal, the appellants-accused Kalloo and Smt. Sharifan have died and hence, the appeal against them has been abated vide order dated 24. 7. 2007.

3. The incident resulting in the death of Raunaq S/o Aziz (P. W. 7), resident of village Ratanpur, P. S. Pakwara District Moradabad occurred in the intervening night of 28/29. 9. 1979. The dead body of the deceased was recovered from the court yard of the house of accused Smt. . Sharifan, situated in village Mudhia Malookpur P. S. Munda Pandey, District Moradabad. The deceased was the son-in-law of accused Smt. Sharifan and was married to her sec ond daughter Shaqueena. Ac