JUDGMENT :

(Dinesh Kumar Singh, J.)

1. This criminal appeal under Section 374(2) CrPC arises out of judgment and order dated 31st August, 1982 passed by the IVth Additional Sessions Judge, Lucknow in Sessions Trial No.170 of 1981, convicting accused, Ram Khelawan (appellant no. 1) under Section 302 IPC and accused Budhu and Ram Dutt (appellant no. 2) under Section 302/34 IPC and sentenced them to undergo life imprisonment. Accused, Ram Khelwan (appellant no. 1) had been further convicted under Section 324 IPC and accused, Budhu and Ram Dutt (appellant No. 2) had been convicted under Section 324/34 IPC and sentenced to undergo two years rigorous imprisonment.

2. Appeal filed by accused, Budhu, being Criminal Appeal No.685 of 1982, who was also convicted and sentenced, as noted above, has been dismissed by this Court vide judgment and order dated 06.04.2018. While dismissing the said criminal appeal, this Court had observed as under:-

“We find that there are consistent statements of prosecution witnesses on record which are also corroborated by the injury reports as well as the opinion of the doctor with regard to receiving fatal blow by the deceased as well as the injuries received b