Anil Kumar Srivastava-II, J. –

Shri Nagendera Mohan, learned counsel for the appellant Abbas and Zakir Ali, Shri I.B. Singh, learned senior counsel for the appellant Sharafat Ali and Shri S.H. Ibrahim, learned counsel for the appellant Alla Zahur and Mrs. Madhulika Yadav, learned AGA for the State were heard at length. Learned counsel for the complainant was also heard.

2. Since all the appeals have arisen out of a single judgment, hence, all the appeals are being decided by single judgment.

3. Criminal Appeal No.427 of 2005, Criminal Appeal No.438 of 2005 and Criminal Appeal No. 233 of 2005 have arisen out of the judgment and order dated 17.1.2005 passed by Sessions Judge, Sultanpur in Session Trial No.450 of 2002; State v. Zakir Hussain and Others arising out of Case Crime No.488 of 2002, under Section 302/34, Police Station-Gauriganj, District-Sultanpur whereby learned Trial Judge has found the accused appellants guilty for the offence punishable under section 302 I.P.C. read with Section-34 IPC and sentenced them with imprisonment of life.

4. According to the prosecution, there is enmity between the family of complainant Ram Shankar Gupta and Sarafat Ali over some property