(Delivered by Hon. Bharat Bhushan, J )

1. The appellants namely Kashmira, Lakshmi Chand, Shiv Kumar and Shiv Dutt have assailed the judgment and order dated 26.11.1982 passed by 2nd Addl. Sessions Judge, Muzaffarnagar in Sessions Trial No. 133 of 1980 (State Vs Kashmira and others) arising out of Crime No. 138 of 1980, Police Station Budhana, District Muzaffarnagar, whereby all the appellants have been convicted under Sections 323/34, 324/34, 307/34 and 302/34 IPC and sentenced each of them to 1 year rigorous imprisonment, 2 years rigorous imprisonment, 8 years rigorous imprisonment and imprisonment for life respectively. All the sentences were directed to run concurrently.

2. The appellant Kashmira has died, therefore, his appeal stands abated vide order dated 22.5.2012 passed by coordinate bench of this court. Similarly, appellant no. 4 Shiv Dutt was adjudged juvenile pursuant to the enquiry report dated 19.2.2015 passed by District Court, Muzaffarnagar. This court is now concerned with the appeals of appellant no. 2 Lakshmi Chand, appellant no. 3 Shiv Kumar and appellant no. 4 Shiv Dutt (juvenile).

3. Prosecution story in brief is that on 15.4.1980 at about 10.30-10.4