JUDGMENT :

Hon’ble Rajiv Gupta, J.

1. Heard Shri Arun Kumar Pundir, learned counsel for the appellant in Criminal Appeal, Shri Ashish Tiwari, learned AGA for the State, Shri Abhishek Gupta, learned counsel for the accused-respondent-Raju, Shri Harshit Gupta, holding brief of Shri Rohan Gupta, learned counsel for the accused respondent-Kalloo and perused the record.

2. The instant criminal appeal as well as government appeal has been filed against the judgment and order dated 28.02.1984 passed by 6th Additional Sessions Judge, Kanpur in Sessions Trial No. 63 of 1983 (State of U.P. Vs. Ashok and Others), arising out of Case Crime No. 411 of 1982, Police Station Harbans Mohal, District Kanpur, by which the accused-appellant Ashok has been convicted for the offence under Section 302 read with Section 34 IPC and awarded the sentence of life imprisonment, whereas accused-respondents Raju, Kalloo and Chander have been acquitted of all the charges framed against them.

3. Since the basic facts, issues and the judgment of the trial court are similar and common, both criminal appeal as well as government appeal have been clubbed and heard together and the same are being decided by the common judg