JUDGMENT :

Pradeep Kumar Srivastava, J.

1. This criminal appeal has been filed against the judgment dated 03.1.1986 in Sessions Trial No. 66 of 1984, State Vs. Pahalwan & others, passed by 1st Additional Sessions Judge, Jhansi by which the appellants Pahalwan Singh, Nathu Singh, Brij Kishore alias Pappu and Har Narain have been convicted and sentenced under Section 302/34 IPC for life imprisonment.

2. During pendency of appeal, appellant no. 3 Brij Kishore alias Pappu and appellant no. 4-Har Narain died and vide order dated 25.1.2018 of this Court, their appeal has been abated.

3. The appellant no. 2 Nathu Singh despite every process being issued did not appear nor he was arrested nor there was any trace of his sureties and hence vide order dated 04.7.2019 of this Court, Sri Rahul Mishra, Advocate has been appointed as Amicus Curiae to argue on behalf of appellant no. 2 Nathu Singh. Again by order dated 19.8.2019, Sri Harish Chandra Tiwari has been appointed as Amicus Curiae in place of Sri Rahul Mishra.

4. Brief facts of the case are that an FIR was lodge by Lakhan Lal Yadav at PS Prem Nagar on 03.2.1984 at 6.50 AM alleging that he resides in House No. 299, Nainagarh. On 03.2.1984 at a