JANGALI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sandeep Singh, learned counsel for appellant nos.1, 2, 4, and 7, Sri Pawan Mishra, learned counsel for appellant no. 9 and Sri Yugal Kishore, learned A.G.A. for the State; perused the material on record.

(2.) During the course of hearing of this appeal, the appellant nos. 3, 5, 6 and 8 i.e., Umesh Singh, Dhan Raj Singh, Shobha Singh and Vikal Singh have died. The appeal as regards them has abated.

(3.) By means of this criminal appeal the convicts/the remaining appellants i.e., appellant no. 1-Jangali Singh, appellant no. 2-Jai Prakash Singh, appellant no. 4-Rajesh Singh, appellant no. 7-Sadanand Singh and appellant no. 9-Triveni Singh have challenged the order dtd. 30/7/1998 by which learned Special Sessions Judge, Bahraich, in S.T. No. 274 of 1994, convicted them under Sec. 304 Part II readwith sec. 149 I.P.C. and sentenced all of them to undergo rigorous imprisonment for a period of five years and a fine of Rs.1,000.00 each and further to undergo rigorous imprisonment for a period of six months in default of payment of fine; in addition convicting and sentencing the appellant nos. 1 to 7 under sec. 147 I.P.C. to six months rigorous imprisonment and appellant nos. 8 and 9 under sec. 148 IPC to one year rigorous imprisonment.