DURGA PRASAD Vs. STATE

JUDGEMENT

(1.) Heard Sri Moti Chand Yadav, learned counsel for the appellant no. 2, who is the only surviving appellant and Sri O.P. Dwivedi, learned AGA for the State and perused the material on record.

(2.) The appellants-Durga Prasad and Bhawani Prasad have preferred this criminal appeal, challenging the judgment and order dtd. 12/9/1989 passed by Additional Session Judge, Sultanpur in Session Trial No. 74 of 1985 whereby the appellants were convicted under Sec. 302 read with 34 IPC and sentenced to undergo rigorous imprisonment for life.

(3.) The facts relevant for the purpose of this case are as under:-