SARNAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE aforesaid two criminal appeals have been preferred against the judgment and order dated 4.12.1981 passed by 4th Addl. Sessions Judge, Agra in Sessions Trial No.465 of 1978, hence the same are being decided by a common judgment by which the appellant Sarnam Singh has been convicted under Section 307 IPC read with Section 149 IPC for 10 years R.I and under Section 148 IPC to undergo two years R.I. and to pay fine of Rs.1,000/ - and further convicting the appellant under Section 323 IPC readwith Section 149 IPC for a period of six months and to pay fine of Rs.500/ - and further convicting the appellant under Section 452 IPC and sentencing him to undergo one year R.I. All the sentences shall run concurrently. The appellant Bhoop Singh, Badan Singh, Ram Kishore, Ramesh Chand, Phool Singh, Gopal Chand and Jeet Singh were also convicted and sentenced to undergo five years R.I. and under Section 307 IPC read with Section 149 IPC and to pay fine of Rs.5,000/ - each and under Section 147 IPC one year R.I and under Section 323/149 IPC, six months R.I. And fine of Rs.5,000/ - each and under Section 452 IPC for one year R.I. All the sentences shall run concurrently.

(2.) HEARD Sri K.S. Chahar, learned counsel for the appellant Sarnam Singh, Sri R.B. Sahai and Sri Ajay Srivastava, learned counsel for the appellants Phool Singh, Gopal Chand, Jeet Singh and Sri Nikhil Chaturvedi, learned AGA for the State and perused the record.

(3.) AS per office report dated 11.4.2013, it has has been stated that the C.J.M. vide letter dated 23.3.2013 has reported that the appellants Bhoop Singh, Badan Singh, Ram Kishore and Ramesh Chand are reported to have died during the pendency of the appeal and hence in view of the said report of C.J.M. their appeals stands abated.