RAM NARAIN Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal under sec. 374 (2) Cr.P.C. has been filed by accused appellants Ram Narain and Diwari Lal, challenging judgement and order dtd. 9/3/1983, passed by Mr. R.C. Pandey, the then IVth Additional Sessions Judge, Etawah in Sessions Trial No. 363 of 1979 (State Vs. Ram Narain) and Sessions Trial No. 55 of 1980 (State Vs. Diwari Lal) arising out of Case Crime No. 169 of 1979 under Sec. 147, 148, 149/307 IPC, P.S. Diviyapur, District Etawah.

(2.) By means of impugned judgement and order dtd. 9/3/1983 appellant-1 Ram Narain has been convicted and sentenced to one year rigorous imprisonment under sec. 148 IPC and 5 years rigorous imprisonment under Sec. 307/149 IPC. Similarly, appellant-2 Diwari Lal has been convicted and sentenced to six months rigorous imprisonment under sec. 147 IPC and 5 years rigorous imprisonment under Sec. 307/149 IPC. Both the sentences awarded to appellants are to run concurrently.

(3.) During pendency of appeal, appellant-2 Diwari Lal died. Consequently, present appeal, in respect of appellant-2 was abated vide order dtd. 16/12/2013.