RAGHUBAR Vs. STATE

JUDGEMENT

(1.) Having been convicted and sentenced in Sessions Trial No.610 of 1978 by Sri Y.S. Raizada learned IV Additional Sessions Judge, Bulandshahr, vide judgment and order dated 27.11.1981, five accused appellants, namely, (1) Raghubar (2) Jodha (3) Shanker (4) Nanak (Manak) and (5) Omvir alias Balister had preferred instant appeal under Section 374 Cr.P.C. All the accused appellants along with one Naubat (who was acquitted by the Trial Court by the impugned judgment) were charged under Section 399 and 402 IPC and accused appellants Raghubar, Jodha, Shankar and Manak were further charged under Section 25 Arms Act and were committed to the Court of Sessions.

(2.) The trial court on appraisal of evidence found the charges proved against appellants and convicted and sentenced them to undergo seven years' rigorous imprisonment (R.I.) under Section 399 IPC and five years' R.I. under Section 402 IPC. Accused appellants Raghubar, Jodha, Shankar and Manak were further convicted under Section 25, Arms Act and sentenced to 11/2 year's R.I.

(3.) As per report dated 5.7.2006 of Chief Judicial Magistrate, Bulandshahr, appellant no. 3 Shankar son of Sunhari (Sumeri), has already died about 14 years ago. There is an order dated 11.10.2006 of this Court requiring Chief Judicial Magistrate, Bulandshahr to record statement of witnesses having personal knowledge about death of appellant Shanker son of Sunahari and thereafter examine the correctness thereof and submit his report afresh. Thereafter another order dated 16.11.2006 was passed whereby relying on earlier report of C.J.M., Bulandshahr dated 05.07.2006, the Court directed that appellant no.3 Shanker having died, appeal filed on his behalf stood abated. Thus, the appeal survives only in respect of appellants no. 1,2, 4 and 5. So far as the appellant no. 2 is concerned, his bail was cancelled on 16.11.2006 and C.J.M. has reported that despite efforts his whereabouts is not known.