Hon'ble Bharat Bhushan,J.

Hon'ble Alok Kumar Mukherjee,J.

(Delivered by Hon. Bharat Bhushan, J.)

1. This criminal appeal on behalf of surviving appellant Mukesh assails judgment and order dated 24.2.1983 passed by the then Additional Sessions Judge, Meerut in Sessions Trial No. 198 of 1982 (State versus Sanjay and another) whereby sole surviving appellant Mukesh and late appellant Sanjay were convicted under section 302 read with section 34 Indian Penal Code (in short, IPC) and sentenced to undergo imprisonment for life.

2. During pendency of this appeal, appellant Sanjay died, therefore, his appeal stands abated. This Court is now concerned with the appeal of sole surviving appellant Mukesh only.

3. Appellant Mukesh and late appellant Sanjay were brothers. Deceased Brijesh Mohan Sharma and informant Dharmesh Mohan Sharma (PW-1) were brothers too. Both, accused-appellants and deceased used to reside in Shivpuri locality though houses of deceased and appellants were situated on Hapur and Garh road respectively. Smt. Vimla, Bua (father's sister) of deceased and wife of veterinary doctor used to reside at the residence provided within compound of veterinary hospital situated at Hapur-Garh

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