JUDGMENT :

B.K. Narayana, J.

1. Heard Sri Saurabh Sachan and Sri Ranvir Singh, learned counsel for the appellant No. 3, Sri Arvind Kumar Srivastava, learned Amicus Curiae for appellant No. 2 and learned A.GA for the State.

2. This criminal appeal has been filed by appellants-Desh Raj Singh, Girendra Singh and Inder Singh against the judgment and order dated 29.5.1986 passed by III Additional Sessions Judge Kanpur Dehat in S.T. No. 15 of 1985 convicting and sentencing appellants-Desh Raj Singh and Girendra Singh to imprisonment for life under Section 302/34 I.P.C. and one month R.I. under Section 323/34 I.P.C. while appellant-Inder Singh to imprisonment for life under Section 302 I.P.C. and one month R.I. under Section 323/34 I.P.C.

3. Desh Raj Singh A1 died during the pendency of this appeal and this appeal qua Desh Raj Singh A1 was dismissed as abated by order dated 13.3.2018 passed by another co-ordinate Bench of this Court.

4. Briefly stated the facts of this case are that on 30.3.1983 at about 6 p.m., P.W. 1 Ram Prakash (informant), his brother Shyam Singh (deceased) and their mother, P.W. 3 Rama Devi were sitting on the Chabutra in front of their house by the side of the lane talki