JUDGMENT :

1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

2. The present criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 has been filed against the judgment and order dated 8.2.2002 passed by II Additional Sessions Judge, Sultanpur in Sessions Trial No. 134 of 1994 arising out of Case Crime No. 209 of 1993, under Sections 324, 307 and 504 I.P.C., Police Station Lambhua, District Sultanpur, whereby the appellant no.1-Devi Harijan was convicted under Section 307 I.P.C. and sentenced to undergo five years rigorous imprisonment with a fine of Rs.2000/-and in default of payment to undergo three months additional imprisonment; and appellant no.2-Chauthi Harijan was convicted under Section 307/34 I.P.C. and sentenced to undergo five years rigorous imprisonment with a fine of Rs.2000/- and in default of payment to undergo three months additional imprisonment.

3. It transpires from the record that the instant appeal filed by appellant no.1-Devi Harijan has been abated vide order dated 17.04.2018 passed by Co-ordinate Bench of this Court.

4. The prosecution case, as per the written report, is that on 13.5.1993, at a