(1.) Since both these appeals have been preferred against a common judgment and order dated 22.8.1983, passed by the IInd Additional Sessions Judge, Fatehpur in S.T. No.146 of 1982 (State Vs. Prem Narain alias Baboley and others) arising out of Crime No. 111 of 1981, P.S. Jafarganj, District Fatehpur, convicting the appellants Prem Narain alias Baboley, Satya Narain, Shiva Ram and Ramkali under Sec. 302 read with Sec. 34 Penal Code and sentencing them to undergo imprisonment for life and further convicting appellants under Sec. 342 Penal Code and sentencing them to undergo 4 months' Rigorous imprisonment, both these appeals were connected and heard together.
(2.) It is relevant to mention that while hearing these appeals, it has been noticed by us that the accused-appellants Shiv Ram Lohar and Smt. Ram Kali have died during pendency of Criminal Appeal No. 2001 of 1983 (Satya Narain and others Vs. State of U.P.). Therefore, their appeal stands abated by this Bench vide order dated 19.5.2016, and as such Criminal Appeal No. 1995 of 1983 (Prem Narain alias Baboley Vs. State of U.P.) and connected Criminal Appeal No. 2001 of 1983 (Satya Narain and others Vs. State of U.P.) for the surviving appellants Prem Narain alias Baboley and Satya Narain are being disposed of by this judgment.
(3.) The appellants/accused persons Prem Narain alias Baboley and Satya Narain and others have filed these appeals against the aforementioned judgment and order dated 24.6.1983 on the ground that the learned trial court below has erred in believing the prosecution case and the evidence examined in support thereof. The conviction of the appellants is against the weight of evidence on record and the sentences awarded to them are too severe.