JUDGMENT :

(Umesh Chandra Sharma, J.)

1. Heard learned counsel for the appellant, Sri Vindeshwari Prasad and the learned A.G.A for the State in Jail Appeal No. 3367 of 2010 and Sri Phoolbadan Yadav along with Sri Vishnu Shanker Gupta (Amicus Curiae) for the appellants and learned A.G.A. for the State in Criminal Appeal No. 3490 of 2010 and perused the material available on record.

2. The instant appeal has been preferred against the judgement and order dated 13.04.2010 passed by Special Judge (D.A.A), Agra in S.T No. 121 of 2005 (State Vs. Pawan Mishra & Ors), arising out of Case Crime No. 356 of 2005, under Section 364A, 302/201 I.P.C, Police Station New Agra, District Agra whereby the accused-appellants have been convicted under Section 302 I.P.C sentencing them to undergo rigorous imprisonment for life. They were to pay Rs. 10,000/- each as fine. It was further provided that on default of payment of fine the appellants were to further undergo two years of additional simple imprisonment.

3. The court further convicted the appellants under section 364A I.P.C. and sentenced the appe