JUDGMENT :

1. Heard Sri A.K. Mishra, Sri Sati Shanker Tripathi, learned counsel for the appellants and learned A.G.A. for the State and perused the record.

2. Learned AGA submits that he has filed counter affidavit on 30.01.2023.

3. Learned counsel for the appellants candidly declined to file any rejoinder affidavit to the counter affidavit filed by the State and requested the Court to decide the case on merits.

4. This appeal is preferred by the appellants, namely,(i) Chhotai son of Panchu, (ii) Yogesh Kumar Son of Rajendra Prasad, (iii) Shivdhari Pasi Son of Panchu, (iv) Budhani Son of Panchu, and (v) Rajendra Prasad Son of Panchu, all resident of village Akorha, P.S. Oonjh, District Bhadohi, who are languishing in jail since 19.11.2022 pursuant to the judgment and order passed by Additional Sessions Judge/ Special Judge (SC/ST Act), Court No.II, Bhadohi, Gyanpur while deciding the S.T. No. 118 of 2017 (State Vs. Chhotai and others) arising out of case crime no.43 of 2016, under Section 302 IPC, Police Station-Oonjh, District-Bhadohi (Gyanpur), convicting and sentencing the appellants under Section 302 IPC for life imprisonment and a fine of Rs.25,000/- each and in case of default, o