AJAB SINGH Vs. STATE

JUDGEMENT

(1.) BOTH these appeals have been preferred by the appellants against the judgment and order dated 23.11.1984 passed by II Additional Sessions Judge in Sessions Trial No. 129 of 1983, State Vs. Ajab Singh and others and in Sessions Trial No. 40 of 1984 State Vs. Girdhari, whereby the learned II Additional Sessions Judge has convicted the each of the appellants under Section 392/376 I.P.C. and each of the appellants were sentenced to undergo R.I. for two years under Section 392 I.P.C. and 5 years under Section 376 I.P.C. Both the sentences were directed to run concurrently. Both the appeals have been filed against the judgment and order dated 23.11.1984 and the appellants are related to the same incident and Ajab Singh is the appellant in both the appeals. Hence, both the appeals are disposed of by this common judgment and order.

(2.) THERE is a report of the C.J.M. dated 01.08.2006 in which it has been stated that appellant Asha Ram has died 3 years back. Hence the appeal against Asha Ram stands abated.

(3.) THEREAFTER the appellants Ajab Singh and Asha Ram was arrested by the Police on 4.05.1983 and were kept Ba -Parda and the appellant Girdhari was arrested on 22.08.1983 and he was also kept Ba -Parda. The identification parade of the appellants Ajab Singh and Asha Ram was held on 12.06.1983 at Sub -jail Haldwani and that was conducted by the Sub Divisional Magistrate, Kashipur.