SHEO BUX SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri Anuj Dayal, learned counsel for the appellant and Sri Anurag Verma, learned Additional Government Advocate for the State-respondents.

(2.) Challenge in this appeal is to the judgment and order dtd. 19/1/1984 rendered by Additional Sessions Judge, Unnao in Sessions Trial No. 112/1980 arising out of Crime No. 39/1979, under Ss. 148, 302/149, 429, 436, 323 Indian Penal Code (hereinafter referred to as I.P.C.), Police Station Ajgain, District Unnao, whereby the appellant No. 1, Sheo Bux Singh has been convicted and sentenced to undergo one year's rigorous imprisonment for the offence under Sec. 147 I.P.C.; one year's rigorous imprisonment for the offence under Sec. 323 I.P.C.; life imprisonment for the offence under Sec. 302/149 I.P.C.; ten years' rigorous imprisonment for the offence under Sec. 436/149 I.P.C.; five years' rigorous imprisonment for the offence under Sec. 429/149. The appellant No. 2, Raj Bahadur Singh, has been convicted and sentenced to undergo two years' rigorous imprisonment for the offence under Sec. 148 I.P.C.; life imprisonment for the offence under Sec. 302/149 I.P.C.; ten years' rigorous imprisonment for the offence under Sec. 436/149 I.P.C.; five years' rigorous imprisonment for the offence under Sec. 429/149 I.P.C.; one year's rigorous imprisonment for the offence under Sec. 323/149 I.P.C. The appellant No. 3, Nanha Singh has been convicted and sentenced to undergo two years' rigorous imprisonment for the offence under Sec. 148 I.P.C.; life imprisonment for the offence under Sec. 302 I.P.C.; ten years' rigorous imprisonment for the offence under Sec. 436/149 I.P.C.; five years' rigorous imprisonment for the offence under Ss. 429/149 I.P.C.; one year's rigorous imprisonment for the offence under Sec. 323/149 I.P.C. All the sentences have been directed to run concurrently.

(3.) At the outset, it is required to be noted that the charge-sheets, Ex. Ka-7 and Ex. Ka-12 were laid before learned trial Court against six accused persons. The case against accused, Ram Bux Singh and Dev Bux Singh stood abated during trial due to their death. The instant appeal was filed by three appellants, namely, Sheo Bux Singh, Raj Bahadur Singh and Nanha Singh. Due to death of appellant No. 1, Sheo Bux Singh and appellant No. 3, Nanha Singh, the instant appeal has already been abated, vide order of this Court dtd. 21/4/2018. Therefore, the present appeal survives only in respect of appellant No. 2, Raj Bahadur Singh.