(1.) This criminal appeal is preferred against the judgment and order dated 03.09.1987, passed by the VI Additional Sessions Judge, Bareilly in S.T. No. 559 of 1985 (State Vs. Nankoo & Others), convicting the appellants Nankoo, Mukhtar, Rajendra and Ram Niwas under Section 302 149 I.P.C, to life as also under Section 148 I.P.C. to two years rigorous imprisonment. Appellant, Ram Niwas, is further convicted/sentenced to one year R.I under Section 147 I.P.C. All the sentences to run concurrently.
(2.) The trial court vide judgment/order dated 03.09.1987 while convicting the appellants as above, acquitted accused Rajeshwar and as per record no appeal/revision against the acquittal. During pendency of the appeal, appellant no.3/ Mukhtar, died, appeal qua him stood abated on 09.07.2018.
(3.) We have heard Shri Saurabh Yadav for appellant no.1, Sri Rahul Mishra assisted by Sri Raghuvansh Mishra for appellant nos. 2 and 4 and Shri V.S.Rajbhar, the learned A.G.A, for the State and perused the record.