RAKESH Vs. STATE

JUDGEMENT

(1.) This criminal revision has been preferred against the judgment and order of conviction and sentencing dtd. 29/10/1992 passed by the Assistant Sessions Judge-IV, Agra in Sessions Trial No.166 of 1992 (State Vs. Rakesh and others), under Ss. 149, 436, 427, 452 IPC as well as the judgment and order dtd. 27/3/1993 passed by Additional Sessions Judge-IV, Agra in Criminal Appeal No.61 of 1992 (Rakesh and others Vs. State of UP). The trial Judge convicted and sentenced all the the accused persons under Sec. 436 read with Sec. 149 IPC and sentenced to undergo three and half years rigorous imprisonment each, under Sec. 452 read with Sec. 149 IPC for six months rigorous imprisonment each, under Sec. 427 read with Sec. 149 IPC they were directed to undergo three months rigorous imprisonment each. It was also directed that all the sentences shall run concurrently.

(2.) The appeal was partly allowed with regard to accused Veeru and the conviction and sentencing under Sec. 452 read with Sec. 149 IPC was also quashed.

(3.) Being aggrieved by both the order the convicted accused persons have preferred this revision. During the pendency of this revision, accused-revisionist no.6, Kalua had died and this revision in respect of revisionist no.6 has been abated and the same survives in respect of revisionist nos.1 to 5.