Alok Kumar Mukherjee, J.

1. This appeal has been directed against the judgment and order dated 08.02.1983 passed by the learned Special Sessions Judge, Budaun in Sessions Trial No. 72 of 1982 (State Vs. Mohan and others) convicting the accused-appellants Mohan, Shiam Lal, Sita Ram and Har Bilas under Section 302 read with Section 34 IPC and sentencing each of them for life imprisonment.

2. It is relevant to mention here that while hearing of this appeal, it has been noticed by us that during the pendency of this appeal, the appellant no. 1 Mohan and appellant no. 2 Shiam Lal have died, therefore, the appeal filed on their behalf stands abated by a Coordinate Bench of this Court vide order dated 04.04.2014. As such the appeal on behalf of the remaining surviving appellant no. 3 Sita Ram and appellant no. 4 Har Bilas, who are presently detained in jail, is being disposed of by this judgment.

3. The appellants have filed the present appeal against the aforementioned judgment and order dated 08.02.1983 on the ground that the conviction of the appellants is against the weight of the evidence on record and the sentence awarded to them is too severe.

4. The brief fact of the prosecu