JUDGMENT :

ALI ZAMIN, J.

1. Heard Sri. I.K. Chaturvedi, learned Senior Counsel assisted by Sri. Ravindra Nath Rai, Sri. Vinay Saran, learned Senior Counsel assisted by Sri. Pradeep Kumar Mishra and Sri. Indu Shekhar Tripathi, learned counsel for the appellants, Ms. Mandvi Tripathi and Sri. Shiv Narayan Singh, learned counsel for the complainant/victim, Sri. M.C. Joshi, learned A.G.A. for the State, considered the written submission filed by Sri. Pradeep Kumar Mishra and perused the record carefully.

2. These appeals are directed against the judgment and order dated 05.02.2001 passed in S.T. No. 104/1987, State vs. Gauri Shankar and Others, whereby learned VIth Additional Sessions Judge, Ballia has convicted the appellants Gauri Shankar @ Bachchan Yadav, Ram Ashish Yadav and Rama Kant u/s 147, 302/34 IPC and sentenced each of them to undergo one year rigorous imprisonment and life imprisonment, respectively, fine Rs. 1000/- has been also imposed upon them with default stipulation.

3. Accused Vishwanath has been acquitted u/s 148 and 302 IPC by giving him benefit of doubt.

4. At the very outset it may be noted that accused Shiv Shankar and Munna Lal @ Sachchidanand have died during the tr