HARNATH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal was filed by seven appellants. The appeal of appellant no.1 (Harnath Singh); appellant no.2 (Vishwa Nath Singh); appellant no.3 (Shivnath Singh); appellant no.4 (Raghvendra Singh) and appellant no.6 (Aditya Singh) has already been abated, on account of their deaths, vide order dtd. 23/12/2015.

(2.) The appeal of appellant no.5 (Brijendra Singh) and appellant no.7 (Saleem) survives. Therefore, by way of present judgment, we will decide the appeal of appellant no.5 (Brijendra Singh) and appellant no.7 (Saleem) the surviving appellants.

(3.) Appellant no.5 (Brijendra Singh) and appellant no.7 (Saleem) have been convicted vide judgment and order dtd. 29/9/1983 passed by 2nd Additional Sessions Judge, Farrukhabad in Sessions Trial No.210 of 1981(State Vs. Harnath Singh and others) under Ss. 302/149 IPC and under Ss. 147 and 323 IPC and awarded life imprisonment for offences under Ss. 302/149 IPC; and six months rigorous imprisonment for offence under Ss. 147 and 323 IPC.