JUDGMENT :

Siddharth, J.

1. Heard Shri Ravindra Sharma, Shri N.K. Singh and Shri R.B. Singh, learned counsel for the surviving appellant nos.3, 5, and 6; Shri Rishab Srivastava, learned counsel for the informant and Shri Sushil Kumar Pandey, learned A.G.A.-Ist.

2. This criminal appeal has been preferred against the judgement and order dated 17.10.2002, passed by Additional Sessions Judge(Fast Track Court No.3), Agra in Sessions Trial No. 471 of 1996, convicting and sentencing the appellants under section 302 read with section 149 I.P.C. to undergo life imprisonment and a fine of Rs.5,000/- against each accused-appellant and in case of non-payment of fine, to undergo one year’s R.I.

3. This appeal has already been dismissed as abated against appellant no.1, Amar Singh, appellant no.2, Raghuraj Singh and appellant no.4, Ram Saran by the order of this court dated 12.1.2024.The appeal has been pressed only regarding surviving appellant nos. 3, 5 and 6, namely, Devendra Singh, Kehari Singh and Rakesh Kumar.

4. The prosecution case as per First Information Report is that in the night of about 19/20.12.1995, uncle of the informant, Gyan Singh and his aunt, Smt. Urmila were sleeping in their ba