PREM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The learned counsel, who was engaged by Kishan Singh, appellant in Criminal Appeal No. 225 of 2004, is no more. Mrs. Pushpa Joshi is appearing in the other two connected appeals on behalf of the appellants herein. She is otherwise competent and ready to argue the case also on behalf of Kishan Singh. Accordingly, we appoint Mrs. Pushpa Joshi as Amicus Curiae insofar as Criminal Appeal No. 225 of 2004 is concerned to argue the case on behalf of Kishan Singh, appellant.

(2.) These appeals are against the common judgment, whereby and under, all the appellants in these appeals have been convicted under Section 302, read with Section 120-B and Section 34 of the Indian Penal Code as well as under Section 201, read with Section 34 of the Indian Penal Code. Appellant Davendra Singh was also convicted under Section 309 of the Indian Penal Code. Each of them was also charged for offence punishable under Section 25 of the Arms Act, but all of them have been acquitted from the said charge and no appeal has been preferred by the State.

(3.) Appellant in Criminal Appeal No. 209 of 2004, namely, Davendra Singh has died. The appeal by him, thus, stands abated.