Hon’ble Shashi Kant Gupta, J.—The Criminal Appeal No. 2562 of 1984 has been preferred by the appellant Indrajeet against the judgment and order dated 16.8.1984 passed by the Spl. Judge, Basti in S. T. No. 21 of 1983, State v. Indrajeet and others, under Sections 302 of the Indian Penal Code (in short “the IPC”), Police Station Khalilabad, District Basti whereby the accused appellant Indrajeet has been convicted under Section 302 IPC and sentenced to undergo life imprisonment.

2. Co accused namely Ram Chet and Dileep Kumar, who were also convicted under Section 352 read with Section 34 I.P.C. and sentenced to undergo three months’ rigorous imprisonment have also filed, criminal appeals No. 2440 of 1984 (Ram Chet v. State of U.P.) and 2425 of 1984 (Dileep Kumar v. State of U.P.) respectively. Appellant Dileep Kumar died during the pendency of the criminal appeal No. 2425 of 1984. As such, the appeal filed on his behalf was dismissed as abated vide order dated 20.8.2007. Hence, the criminal appeals No. 2562 of 1984 (Indrajeet v. State) and 2440 of 1984 (Ram Chet v. State of U.P.) are being taken up for consideration.

3. The prosecution story, in nutshell, is as follows :

4. As