(Delivered by Hon'ble Arvind Kumar Mishra-I, J.)

1. The instant criminal appeal has been preferred against the judgment and order dated 11.08.1988 passed by II-Additional Sessions Judge, Mathura, in Sessions Trial No.463 of 1987 State Vs. Tano @ Tan Singh and others, arising out of Case Crime No.235 of 1987, under Sections 302, 307, 323 IPC, Police Station Vrindavan, District Mathura whereby accused Mahavir, Brij Nandan and Shanker have been convicted under Sections 302/34 and 323/34 IPC and sentenced to life imprisonment under Section 302/34 IPC and one year rigorous imprisonment under Section 323/34 IPC whereas accused Tano @ Tan Singh has been acquitted of charges giving benefit of doubt. All the sentences have been ordered to run concurrently.

2. Relevant to mention that appellant Shanker died during pendency of the appeal, therefore, his appeal stood abated on 06.10.2015. At present this appeal pertains to the two appellants namely Mahavir and Brij Nandan.

3. The unfolded background facts giving rise to the present appeal as are discernible from the written report (Ext. Ka-10), Chik FIR (Ext. Ka-20) and deposition of fact witnesses during sessions trial are that all