(1.) Both the Criminal Appeals have been filed by the appellants against the judgment and order dated 24.9.1982 passed by the VIIth Additional Sessions Judge, Budaun in S.T. No. 599 of 1981 (State Vs. Vijay Singh and others) whereby trial court convicted and sentenced the appellants Munna Singh, Badan Singh, Vijay Singh and Lal Singh under Section 302 read with Section 34 IPC to undergo imprisonment for life.
(2.) During the pendency of appeals appellant no. 2 Lal Singh in Criminal Appeal No. 2446 of 1982 had died and his appeal has been abated on 2.4.2015. Thus appeal filed only on behalf of appellants Munna Singh, Badan Singh and Vijay Singh are to be dealt with by us.
(3.) The facts emanating from the prosecution story in a nutshell are as under :