(1.) This Criminal Appeal under Section 374 Cr.P.C. has been filed by accused-appellants Mazhar Husain, Zafar Husain and Azhar Husain against the judgment and order dated 12.05.2000 passed by Sri Syed Nazim Husain Zaidi, First Additional District and Sessions Judge, Kanpur Dehat in Session Trial No. 296 of 1998, convicting appellant-1 Mazhar Husain under Section 302 I.P.C. and sentencing him to undergo life imprisonment with a fine of Rs. 10,000/-. In case of default in payment of fine, he has to undergo one year's further imprisonment. Accused-appellants Zafar Husain and Azhar Husain were convicted under Section 302 read with Section 34 I.P.C. and sentenced to life imprisonment and a fine of Rs. 5,000/- each. In case of default in payment of fine, they have to undergo further six months' imprisonment.
(2.) This appeal survives only in respect of appellants-1 and 2 inasmuch appellant-3, Azhar Husain, having died, appeal in respect of him stood abated as evident from order dated 19.12.2017.
(3.) Factual matrix of the case as appearing from First Information Report (hereinafter referred to as "FIR") as well as material available on record may be stated as followed.
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