RAMDAS HARIJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Singh, learned counsel for the appellants, Sri Gopal Ji Rai, learned counsel for the informant and Sri Gyan Narayan Kanojia, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been preferred by Ramdas Harijan son of Jagnoo, Sonarase son of Jagnoo, Ramjanam son of Ramdas, Ram Jeet son of Sonarase, Ramesh son of Shyam Lal and Suryabhan son of Banarsi against the judgment and order dated 03.05.2003 passed by Additional Sessions Judge (Fast Tract Court No. 3), Ghazipur in Sessions Trial No. 43 of 1994 (State vs. Ramdas Harijan and others) convicting and sentencing the appellants for offence under Section 323/149 IPC for a period of one year rigorous imprisonment, under Section 147 IPC for a period of one year rigorous imprisonment and under Section 325/149 IPC for a period of five years rigorous imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to undergo four months additional imprisonment and under Section 308/149 IPC for a period of five years rigorous imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to undergo four months additional imprisonment. All the sentences have been directed to run concurrently.

(3.) During the pendency of this appeal appellant nos. 1 and 2, Ramdas Harijan and Sonarase both sons of Jagnoo, have died and the appeal has been dismissed as abated against them by the order dated 30.05.2019 passed by this court. Now the appeal survives only regarding appellant nos. 3, 4, 5 and 6.