JUDGMENT :

1. Report of C.J.M. Allahabad dated 10.4.2018 which is on record indicates that appellant No. 1, Banarsi Ram Yadav in this appeal has died and in view of the above this appeal qua appellant No. 1, Banarsi Ram Yadav is dismissed as abated.

2. Heard Sri Rajiv Kumar Mishra, learned amicus curiae for Salig Ram Yadav A2 and Tulsi Ram Yadav A3 and Sri J.K. Upadhyay, learned A.G.A. appearing for the State-respondent.

3. This appeal has been preferred by Banarsi Ram Yadav (deceased A1), Salig Ram Yadav A2 and Tulsi Ram Yadav A3 against the judgment and order dated 6.7.1989 passed by 9th Additional Sessions Judge, Allahabad convicting and sentencing Banarsi Ram Yadav A1 and Salig Ram Yadav A2 for imprisonment of life under Section 302/34 and Tulsi Ram Yadav A3 for life imprisonment under Section 302 I.P.C.

4. The facts of this case may be stated briefly, as hereunder.

5. On 21.11.1985 at about 20:30 hours, PW-1 Sangru Ram Yadav (informant) gave a written report of the incident Ext. Ka1 at P.S. Sarai Inayat, district Allahabad stating therein that while he, his nephew-Laddu Yadav son of Nanku @ Shambhu Yadav and PW-3 Mauji Ram Yadav son of Ram Jatan Yadav residents of the same village