Hon’ble Chandra Dhari Singh, J.—The instant criminal appeal has been filed against the judgment and order dated 9.3.1983 passed by the 3rd Additional Sessions Judge, Rampur in Sessions Trial No. 241, 297 of 1981 and S.T. No. 19 of 1982, whereby all the four accused persons Shafi Ahmad, Siraj Ahmad, Holu Shah and Maqbool Ahmad were found guilty of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to undergo life imprisonment each of them. All the four accused persons were found guilty of the offence punishable under Section 364 I.P.C. and were further sentenced to undergo two years R.I. each. Accused Shafi Ahmad is further sentenced to undergo two months R.I. under Section 323 I.P.C. All the sentences shall run concurrently.

2. We have heard Sri Shahabudeen learned counsel appearing on behalf of appellant No. 1 Shafi Ahmad and appellant No. 4 Maqbool and Sri S.A.N. Shah, learned counsel appearing on behalf of appellant No. 3 Holu Shah @ Firoz and Sri Ram Yash Pandey, learned A.G.A. appearing on behalf of State, Sri Ramesh Kumar Arya, learned counsel for the complainant and perused the record.

3. Brief facts of the case