JUDGMENT :

(Saroj Yadav, J for the Bench)

1. The Criminal Appeal No.1314 of 2005 has been filed by the appellants/ convicts Sri Kant and Ram Lakhan and the Criminal Appeal No.1529 of 2005 by appellants/convicts Kamla Kant and Sunil Kant, being aggrieved of the judgement and order dated 30.9.2005 passed by the Additional Sessions Judge/F.T.C. No.1, Hardoi in Sessions Trial No.257 of 2002 and 252 of 2003 jointly, whereby the appellants/convicts have been awarded a sentence for life imprisonment under Section 302/34 of the Indian Penal Code (in short ‘I.P.C.’) and imprisonment of six months under Section 323/34 I.P.C.

2. Since appellant Ram Lakhan died during pendency of the appeal, appeal filed by him stood abated vide order dated 22.7.2019 passed by this court.

3. The facts necessary for disposal of these appeals, shorn of unnecessary details are as under :

4. A First Information Report ( in short ‘F.I.R.’) was registered at Case Crime No.128 of 2001 under Section 302/323/504 I.P.C. against the appellants/ convicts at Police Station Harpalpur, District Hardoi on the basis of a written report submitted by the complainant Ram Babu Shukla. It was stated in the written report that Anoop