DEBI DIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Debi Din, son of Govind Dass, Bhagirath, Preru, Madan Pal, Debi Din alias Debiya (hereinafter referred to as Debiya) and Sunder were prosecuted by the police of police station Rath, district Hamirpur for having committed murder of Ram Nath in the afternoon of 28-9-1975.

(2.) Sundar accused having absconded during the trial his case was separated and only the five remaining accused were tried in Sessions Trial No. 220-A of 1975 and each of them has been convicted u/S.302/149, IPC and sentenced to imprisonment for life with the additional conviction and sentence of Debi Din, Bhagirath, Madan Pal and Debiya u/ S, 148 ,IPC to one year's R.I. and appellant Pheru u/S. 147, IPC to six months' R.I. by thc Additional Sessions Judge, Hamirpur on 10-1-1979. Aggrieved, they have preferred this appeal.

(3.) It may further be relevant to add here that the appellant Debi Din, son of Govind Dass was said to have died during the pendency of the appeal, consequently a report was called from the Chief Judicial Magistrate, Hamirpur Who has submitted his report dated 17-1-1979 certifying that the said appellant is dead in the police encounter. Consequently his appeal abates.