ASHOK MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Dilip Kumar and Shri V. P. Srivastava, learned Senior Advocates assisted by Shri Ram Kishore Gupta, Mukhtesh Singh, Rajan Srivastava, Advocates and Shri M. P. Yadav, learned Advocate holding brief of Shri Shiv Badan Singh; Shri Arunesh Khare and Shri Gautam Baghel, learned Advocates for appellant no. 10. Shri. L. D. Rajbhar; Shri. Sunil Kumar Tripathi, learned A. G. As have been heard for the State.

(2.) Two connected criminal appeal No. 1498 of 2000 and 1466 of 2000 have been filed against the judgment and order dated 20.6.2000 passed by the Special Judge (E. C. Act)/Additional Sessions Judge, Hamirpur in Session Trial No. 44 of 1991 and 44-A of 1991 under Section 146 / 148 / 149 / 302 IPC registered as Case Crime No. 20-A of 1990, Police Station- Sumerpur, District Hamirpur. By the impugned judgment, the appellants-herein (12 in number) have been convicted for offence under Section 302 read with Section 149 IPC and sentenced for life imprisonment. In addition to the same, they have been convicted of the offences under Section 147 and 148 IPC and sentenced for six months imprisonment for each offence, separately. All the punishments are to run concurrently.

(3.) At the outset, it is informed by the learned Advocates for the appellants that the accused appellants Shiv Baran Singh son of Ranjeet Singh, Chunubad Singh son of Pran Singh and Ram Gulam son of Ranjeet Singh had died during pendency of the appeal and the appeal has been abated for them after ascertaining the factum of their death by order dated 13.9.2019.