JUDGMENT :

Ramesh Sinha, J.

1. Four accused persons, namely, Barjor, Satti, Nawab and Vidya were tried by V Additional Sessions Judge, Unnao in Sessions Trial No. 180 of 1994 : State Vs. Barjor and others arising out of Case Crime No. 56 of 1983, under Section 302 read with 34 of the Indian Penal Code, Police Station Auras, District Unnao. Vide judgment and order dated 28.01.1985, the V Additional Sessions Judge, Unnao convicted the accused/ appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo life imprisonment.

2. Feeling aggrieved by the aforesaid judgment and order dated 28.01.1985, convict/appellant, Barjor, has preferred the instant criminal appeal under Section 374 (2) Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), whereas other three convict/appellants, Satti, Nawab and Vidya, preferred Criminal Appeal No. 129 of 1985 under Section 374 (2) of the Code of Criminal Procedure.

3. It transpires from the record that during pendency of the aforesaid criminal appeals, co-convict/appellants, Satti, Nawab and Vidya, died, hence Criminal Appeal No.129 of 1985 was dismissed as abated by Co-ordinate Bench of this