KALLU AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Initially this appeal was preferred by three appellants, namely, Kallu, Rajvir and Het Ram. During pendency of appeal Appellant No. 3, Het Ram, has died and appeal qua him has abated vide this Court's order dated 17.01.2020. Sri Devendra Kumar Upadhyay, Advocate is appearing on behalf of surviving Appellants No. 1 and 2, namely, Kallu and Rajvir.

(2.) This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as " Cr.P.C .") has been filed against judgment and order dated 02.03.1983 passed by Sri K.C. Lamba, Eighth Additional District and Sessions Judge, Etah in Session Trial No. 458 of 1980 convicting Appellants No. 1 and 2 under Section 324 / 34 IPC and Appellant No. 3, Het Ram, under Section 324 IPC and sentencing them for three years rigorous imprisonment.

(3.) Sri Devendra Kumar Upadhyay, learned counsel appearing for accused-appellants No. 1 and 2, at the outset, did not challenge the findings recorded by Trial Court on conviction but submitted that punishment be reduced to the period already undergone since occurrence is of year 1978; more than 42 years have already passed and accused-appellants No. 1 and 2, at present, are aged about above 60 years. It is also submitted that allegation against appellants is to cause injuries by Gadasa to injured Kashi Ram. However, all the injuries are simple in nature. Further submission is that, appellants are also ready to pay reasonable compensation to injured and they have also undergone about six months sentence and no useful purpose would achieve in case they are sent to jail, at this stage.