JUDGMENT :

1. As per order dated 17.02.2014, this appeal in respect of appellant no.3, Mohan, after his death, has been abated and this appeal has also been abated vide order dated 29.11.2016 in respect of appellant no.1, Prem. Hence, this appeal survives only in respect of appellant no.2, Nand Kishor.

2. Heard Sri Ajeet Kumar, learned counsel for the surviving appellant, Sri Arvind Kumar Singh, learned AGA for the State and perused the record.

3. This appeal has been preferred against the judgment and order dated 01.10.1999 passed by Special Judge (EC Act)/Additional Sessions Judge, Barabanki in ST No.99 of 1994 (State Vs. Prem and others) arising out of Case Crime No.98 of 1992, under Section 376(2)(g) IPC, Police Station Tikait Nagar, District Barabanki to undergo ten years rigorous imprisonment and fine of Rs.2,500/-to each and in default of payment of fine four months rigorous imprisonment to each of the convicts.

(I) Grounds of appeal

4. The appellants had taken grounds that the learned Sessions Judge had committed manifest error in not considering the defence evidence; there