JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate assisted by Sri Anurag Shukla, learned counsel for the appellant Nos.1 and 2, Smt. Manju Thakur, learned A.G.A. for the opposite party/ State and Sri Jitendra Shankar Pandey, learned counsel for the informant.

2. This appeal has been filed praying to set aside the judgment and order dated 09.02.1996 in Session Trial No.167 of 1993 passed by the Sessions Judge, Mathura convicting the accused Rekhpal for offences under Sections 302, 307/34 and 323/34 I.P.C., accused Vinod for offences under Sections 302/34, 307/34 and 323 I.P.C. and the accused persons Pramod and Manoj under Sections 302/34, 307/34 and 323/34 I.P.C. The accused Rekhpal had separately filed a Criminal Appeal No.575 of 1996 (Rekhpal vs. State of U.P.), which was abated by order dated 03.04.2019 on account of his death. Present criminal appeal has been filed by three accused persons namely Vinod son of Rekhpal, Pramod son of Ragghi @ Raghubir and Manoj son of Natthi. During pendency of the present appeal, the accused appellant No.3 Manoj died and as such by order dated 09.12.2019, the appeal was abated qua the accused appe