JUDGMENT :

RAMESH SINHA, J.

(A) INTRODUCTION

1. Four accused persons, namely, Radhey Shyam, Raj Kumar, Jagdish and Siyaram, were tried by the VII Additional Sessions Judge, Hardoi in Sessions Trial No. 791 of 1981, State vs. Radhey Shyam and Others, arising out of Case Crime No. 210 of 1981, under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as “I.P.C.”) at police station Pihani, District Hardoi.

2. Vide judgment and order dated 02.12.1982, the learned VII Additional Sessions Judge, Hardoi, convicted and sentenced the accused persons in the manner as stated herein-below:

“Accused Radhey Shyam and Siyaram

(i) Under Section 302 I.P.C. to undergo life imprisonment.

(ii) Under Section 201 I.P.C. to undergo three years’ R.I.”

“Accused Jagdish and Raj Kumar

(i) Under Section 302 read-with Section 34 I.P.C. to undergo life imprisonment.

(ii) Under Section 201 I.P.C. to undergo three years’ R.I.” Their sentences were directed to run concurrently.”

3. Feeling aggrieved by the judgment and order dated 02.12.1982, the convicts/appellants have preferred the instant appeal. During pendency of the instant appeal, convict/appellant no. 1-Radhey Shyam, convict/appellant no. 3-