Hon'ble Arvind Kumar Mishra-I,J.

By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 18.06.1986 passed by Ist Additional Sessions Judge, Etawah in Sessions Trial No. 205 of 1984 (State Vs. Udai Narain and another) connected with Sessions Trial No.205A of 1984 (State vs. Jai Narain), arising out of Case Crime No.115, Police Station- Bakewar, District- Etawah, whereby the appellants- Jai Narain and Ram Darshan- have been convicted and sentenced to undergo 1 year R.I., 3 years R.I. and 1 year R.I. under Sections 148, 307 read with Section 149 IPC and Section 25(i)(a) India Arms Act, respectively. All the sentences have been directed to run concurrently.

2. Appropriate to mention that during the course of appeal appellant no.1 Udai Narain expired, therefore, his appeal stood abated against him vide order of this Court dated 05.12.2017.

3. Brief facts of the prosecution case, as discernible from record, is that the appellants were caught by the police on 08.04.1984 at 12.45 A.M. at the place, 10 to 15 steps towards southern side of the Mahuwer Devi temple within the vicinity of village Andawa in police