JUDGMENT :

PRASHANT KUMAR, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 19.06.1985 passed by IInd Additional Sessions Judge, Kheri in Sessions Trial No. 161 of 1984, whereby and whereunder the appellants were convicted under Sections 148, 302 r/w 149 of the IPC and sentenced to undergo imprisonment for life along with fine of Rs. 2,000/-each for the offence under Section 302 r/w 149 of the IPC. The appellants were further sentenced to undergo rigorous imprisonment for six months for the offence under Section 148 of the IPC.

2. It appears that initially the present appeal was filed by altogether six appellants. During pendency of the appeal, three appellants namely appellant no. 3 Bharat, appellant no. 5-Jaskaran and appellant no. 6 Ram Ghulam died. Thus, appeal filed by them stand abated. At present, the present appeal survives for appellant no. 1 (Ram Sagar), appellant no. 2 (Shambhu) and appellant no. 4 (Sri Krishna).

3. The case of prosecution, in short, as per the first information report is that on 19.10.1983, the informant-Raju (P.W.2) had accompanied Ram Ashray (the deceased) to Lakhimpur Kheri for doing Pairvi of the case of Maya