JUDGMENT :

BALA KRISHNA NARAYANA, J.

1. Heard Sri H.N. Singh, Sr. Advocate assisted by Sri Dileep Kumar Srivastava, learned counsel for the appellants, Sri Saghir Ahmad, Sri A.N. Mulla, learned AGA for the State and Smt. Manju Thakur, State Law Officer.

2. This criminal appeal is directed against the judgment and order dated 30.1.1988 passed by IInd Additional Sessions Judge, Deoria in Sessions trial No. 41 of 1986 (State Versus Ram Chandra and another) convicting and sentencing the appellants to rigorous imprisonment for life under Section 302/34 I.P.C.

3. Record shows that appellant no. 1, Ram Chandra has died and this appeal was dismissed as abated qua appellant no. 1, Ram Chandra vide order dated 25.4.2017 passed by this Court.

4. The prosecution case as contained in the chik F.I.R. scribed on the verbal report of Badri Das who was the priest of Kali Mandir, Hate, District Deoria is that on 11.9.1985 at about 3:30 A.M., Ram Chandra resident of Qasba Hate and his grand-son, Jangali Yadav (A2) resident of Thathi after tying him sprinkled kerosene oil over his body and set him ablaze. It has been mentioned in the chik F.I.R. that the informant started demanding water and on interrogati