RAM KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374 (2) Cr.P.C. has been filed by appellants, Ram Kumar and Sangram, against the judgment and order dated 25/11/1981 passed by the III Additional Sessions Judge, Faizabad in Sessions Trial No. 195 of 1981 : State Vs. Ram Kumar and others relating to Case Crime No. NIL of 1981, under Ss. 307 and 323 I.P.C., which was later on converted under Sec. 302 I.P.C., Police Station Ibrahimpur, District Faizabad, whereby the III Additional Sessions Judge, Faizabad, convicted the appellants, Ram Kumar and Sangram, under Sec. 302 read with Sec. 34 Indian Penal Code, 1860 and sentenced them to undergo imprisonment for life, however, accused Ram Sundar has been acquitted of the charges.

(2.) It transpires from the record that a Co-ordinate Bench of this Court, vide order dated 11/10/2018, partly allowed the instant appeal. The operative portion of the order dated 11/10/2018 is reproduced as under :-

(3.) Subsequently, appellant no.2-Sangram has filed application for condonation of delay in filing the modification application (C.M. Application No. 115040 of 2019) and the application for modification of the judgment and order dated 11/10/2018 (C.M. Application No.115042 of 2019). A Co-ordinate Bench of this Court, vide order dated 18/11/2019, condoned the delay in filing the modification application and rejected the application for modification. The order dated 18/11/2019 is reproduced as under :-