CRIMINAL APPEAL No. 118 of 1985 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 118 of 1985 Iluwa And Ohters .....Appellant(s) Versus State .....Respondent(s) Counsel for Appellant(s) : Amar Saran, Rajendra Prasad, S.C.Srivastava Counsel for Respondent(s) : A.G.A. Court No. - 51 A.F.R. Reserved on 22.8.2025 Delivered on 12.9.2025 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Rajendra Prasad, learned counsel for the appellants and Sri Satyendra Nath Tiwari, learned AGA for the State. 2. Vide order dated 22.08.2025, the instant appeal on behalf of the appellant no.3 Munuwa has already been abated. Therefore, the instant appeal on behalf of the surviving appellants no.1 and 2 namely Illuwa alias Hari Shankar and Bilua alias Umashankar is being heard and decided. 3. The instant appeal has been filed by the appellants being aggrieved by judgment and order dated 16.01.1985 passed by the IInd Additional Sessions Judge, Banda in S.T. No. 343 of 1983 whereby the appellants herein were convicted for the offence under Section 307 read with Section 34 IPC and were sentenced to undergo five years rigorous imprisonment. 4. The brief facts as stated in the prosecution case are that on 28.11.1978 at 5:00 P.M., the infor