RICHH PAL Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This criminal ap peal has been preferred by five appellants, viz. , Richh Pal, Krishan Pal, Nanak, Chaman and Aman, against the judgment and order dated 20-9-1980 passed by Shri M. H. Khan, Vth Additional Sessions Judge, Muzaffarnagar. In ST No. A-106 of 1980. By the aforesaid judgment and order appellant Nos. 1 and 2 Richh Pal and Krishan Pal were sentenced under Section 148 IPC to undergo RI for a period of two years and each of them were further sentenced under Section 302 IPC to undergo imprisonment for life. The other three appellants Nos. 3 to 5, Nanak, Chaman and Aman, were sentenced under Section 148 IPC to undergo RI for two years and each of them were further sentenced under Sec tion 302 read with Section 149 IPC to undergo imprisonment for life. All the sentences were directed to run concur rently. However, appellant Nos. 3 and 5, Aman and Nanak, have been acquitted by the learned Additional Sessions Judge of the charge under Section 307, IPC.

(2.) OUT of five appellants, Richh Pal and Krishan Pal have died during the pen dency of this appeal. Hence their appeal abates.

(3.) THE complainant has not sustained any injury in the entire incident. This he claims to the better use of his skills. THE autopsy on the person of the victim Yash Pal was conducted by PW- 2. Dr. Suresh Chand on 28-11-1979 at 1. 15 p. m. THE incident had occurred on 27-11-1979 at 7. 00 a. m. THE report of this incident was lodged on the same day at about 12. 05 p. m. by PW-1 Gajraj Singh at PS. Kandhla. THE written report is marked as Ext. Ka-1.