Hon’ble Shashi Kant Gupta, J.—This criminal appeal arises out of the judgment and order dated 25.1.1983 passed by the IInd Additional Sessions Judge, Basti in Sessions Trial No. 76 of 1980 whereby the appellants namely Shitla Singh, Abdul Shakoor, Bhagwan Das and Shitala Prasad Kurmi were convicted and sentenced to undergo two years rigorous imprisonment under Section 148 I.P.C., seven years rigourous imprisonment under Section 307 IPC read with Section 149 IPC and imprisonment to life for offence under Section 302 read with Section 149 IPC. All the sentences were directed to run concurrently.

2. At the outset, it is relevant to mention here that during the pendency of this appeal, the Appellant No. 1 Shitla Singh and Appellant No. 2 Abdul Shakoor have died. Accordingly, vide order dated 8.5.2014, this Court has dismissed the appeal as abated as against the Appellant No. 1 Shitla Singh and Appellant No. 2 Abdul Shakoor. It is also relevant to note that during the pendency of the trial one of the accused namely Pahalwan Singh was murdered on 5.8.1982, therefore, the trial against him also had abated.

3. Now, we are proceeding to consider the present appeal in respect of the