JUDGMENT :

Narendra Kumar Johari, J.

1. The instant appeal has been filed against the judgment and conviction order of appellants passed by Special Judge/Additional Sessions Judge, Aligarh in Sessions Trial No. 699 of 1994, Crime No. 105 of 1994, under Sections 148, 302, 395, 506 I.P.C., P.S.-Sikandrarau, District-Aligarh.

2. By the impugned order learned Sessions Judge has convicted accused appellants Sunil Ballu, Dhannu, Avadesh, Ram Das, Ram Datt and Kanhai Lal under Sections 148, 302, 395 I.P.C. The Court has sentenced appellants for two years rigorous imprisonment under Section 148 I.P.C., life imprisonment under Section 302 I.P.C. and 10 years rigorous imprisonment and Rs. 5,000/- as fine to each appellants under Section 395 I.P.C. It has also been ordered that in case of default in payment of fine they will undergo rigorous imprisonment of two years. The court has acquitted all the appellants under Section 506 I.P.C.

3. During the pendency of appeal appellant no. 6-Ram Das and appellant no. 7-Ram Datt have died, consequently the appeal has been abated for them.

4. The fact of the case, as per prosecution, in brief is as under-complainant Ram Gopal has given a written application