JUDGMENT :

Syed Aftab Husian Rizvi, J.

1. We have heard Sri I.K. Chaturvedi learned Senior Counsel assisted by Sri Saurabh Chaturvedi for the appellant, Sri Ajay Kumar, Sri Rishikesh Kumar Maurya and Sri Raj Kumar Yadav learned counsels appearing for the informant and Ms. Kumari Meena, learned AGA for the State.

2. This Criminal Appeal is filed against the judgment and order dated 03.01.1994 passed by second Additional District and Sessions Judge, Jaunpur in S.T. No.37 of 1987 (State vs. Kare Deen and ors) arising out of crime no.106/1986, P.S. Barsathi, District Jaunpur. By the impugned judgment and order, the learned Sessions Judge has held appellants-accused Kare Deen, Ram Bhola, Devi Prasad and Ambika Prasad guilty for offence punishable under sections 302 read with section 34 and 323 read with section 34 IPC and sentenced each of them to imprisonment for life for offence under Section 302 read with section 34 IPC and six months rigorous imprisonment for offence under Section 323 read with section 34 IPC.

3. In brief the facts are as follows:

On oral information of complainant, Shesh Mani (P.W.-1), an NCR No.106 of 1986, under sections 323, 504 and 506 IPC, was registered at P.S. Ba