JUDGMENT :

Raj Beer Singh, J.

1. Both these appeals have been preferred against the common judgement and order dated 16.01.1982 passed by learned IInd Additional Sessions Judge, Bulandshahar in S.T. Nos. 782 of 1980, 321 of 1981, 322 of 1981, 323 of 1981 and 324 of 1981, under Sections 399, 402 of Indian Penal Code (hereinafter referred to as 'IPC') and Section 25 of Arms Act, police station Pahasu, district Bulandshahar, whereby accused-appellants namely, Ruri, Kishore, Ranjit and Jagdish have been convicted under Sections 399, 402 IPC and Section 25 of Arms Act and they have been sentenced to undergo four years rigorous imprisonment under Section 399 IPC, three years rigorous imprisonment under Section 402 IPC and one year rigorous imprisonment under Section 25 of Arms Act. All the sentences were directed to run concurrently.

2. During pendency of these two appeals, accused-appellant No. 1 and 2 namely, Kishore and Ranjit in criminal appeal no. 156 of 1982 have passed away and thus the appeal No. 156 of 1982 in respect of said accused-appellant Kishore and Ranjit has been abated by order dated 12.07.2016 passed in criminal appeal no. 156 of 1982.

3. According to prosecution version,