JUDGMENT :

Manish Kumar, J.

The aforesaid criminal appeals arising out of the same crime were heard together and are being decided by a common judgment.

1. The two criminal appeals have been filed against the common judgment and order dated 23.04.2008 passed by Additional Sessions Judge, Court No. 1, Lucknow in Sessions Trial Nos. 140 of 2007 (State Vs. Alok Gupta), 520 of 2006 (State Vs. Smt. Kalpana) and 644 of 2005 (State Vs. Vishal Gupta) relating to Case Crime No. 129 of 2004, under Sections 302, 120 B IPC, Police Station Ashiyana (CBCID), whereby, the appellants have been convicted under Section 302 IPC and sentenced to life imprisonment and fine of Rs. 10,000/-and in default of payment of fine, they shall undergo rigorous imprisonment for a further period of one year, whereas, Smt. Kalpana was acquitted.

2. We have heard Shri Pradeep Kumar Tripathi, learned counsel, who appeared for the appellants. Shri Vaibhav Kaliya, learned counsel, on our request, volunteered to assist the Court and was permitted to do so on behalf of the appellants. Shri Umesh Verma, learned Additional Government Advocate appeared for the State. Learned counsel for the parties argued at length and took us t