BAIJ NATH & OTHERS Vs. STATE

JUDGEMENT

(1.) Learned counsel for the appellants, learned A.G.A. for the State were heard. We have perused the material available on record.

(2.) Instant criminal appeal has been preferred by the appellants-Baijnath, Doodhnath and Mantoo @ Pahalwan challenging the judgment and order dated 11.01.1983 passed by VI, Additional Sessions Judge, Gorakhpur in Sessions Trial No.165 of 1979, arising out of Case Crime No.338 of 1978, under Sections 302 read with Section 34 IPC, Police Station Maharajganj, District Gorakhpur, whereby all the three appellants were convicted for the offence under Section 302/34 IPC and were sentenced to undergo imprisonment for life.

(3.) In the aforesaid sessions trial one accused Jaggan was also tried alongwith the appellants but he was acquitted by the trial court. Admittedly no appeal against the said acquittal of co-accused Jaggan has been preferred by the State. During pendency of the instant appeal, appellants Baijnath and Doodhnath have expired so the appeal with respect to them was abated vide order dted 19.01.2015. Now the sole appellant Mantoo @ Pahalwan is before us and he is in custody at present in execution of warrant issued against him.