Hon’ble Amar Saran, J.—This Criminal Appeal arises from the judgement of the IInd Additional Sessions Judge, Gorakhpur dated 8.12.1981 convicting and sentencing the appellants Jai Ram, Ram Bilas and Sri Prakash to imprisonment for life under Section 302 read with Section 34 I.P.C. By by the said order, another accused person Parshuram was acquitted under Section 302/34 I.P.C. A Government Appeal No. 645 of 1982 preferred against the acquittal of Parshuram filed which has however been dismissed by another Bench of this Court by an order dated 12.2.2014.

2. We also find that there is a report of the C.J.M. Gorakhpur, dated 3.10.2008 mentioning that Ram Bilas had died 16 years earlier, i.e. around 1992. It may be noted that the age of Ram Bilas was mentioned as 59 years on 31.10.1981 when his 313 Cr. P. C. statement was recorded. Were he alive, Ram Bilas would have been 92 years at present. Therefore, only the appeal of Jai Ram and Sri Prakash survive, who were 25 years old when their 313 Cr.P.C statements were recorded in 1981, and who now after the lapse of 33 years would be about 58 or 59 years in age.

3. We have heard Sri Satish Trivedi assisted by Sri Ajay Pandey for the