Hon’ble Rajul Bhargava, J.—The present appeal has been filed against the judgment and order dated 22.10.1982 passed by Third Additional Sessions Judge, Allahabad in Sessions Trial No. 353 of 1981 convicting all four appellants under Sections 325/34 IPC and sentencing them to undergo five years rigorous imprisonment, one year rigorous imprisonment under Section 323/34 IPC, further convicting the appellant No. 2 Moti Lal, appellant No. 3 Hira Lal and appellant No. 4 Sant Lal under Section 324/34 IPC and sentenced them to undergo two years rigorous imprisonment and convicting appellant No. 2 Moti Lal under Section 324 IPC and sentencing him to undergo two years rigorous imprisonment. All the sentences to run concurrently.

2. It is relevant to state here that during the pendency of the appeal, appellant No. 1 Sita Ram and appellant No. 2 Moti Lal died and by order dated 29.11.2012 their appeal stood abated. Now the appeal is being considered for the surviving appellants Hira Lal and Sant Lal. The prosecution version as disclosed in the First Information Report Exhibit Kha-1 lodged by one Amar Chand since dead.

3. In brief, it was alleged that informant’s elder brother Radhey Sh