RAM GOPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) During the pendency of this appeal the appellant No. 1 Ram Gopal has died and the report to this effect has been received from the police station concerned and the Gram Panchayat which are on record. The appeal filed by Ram Gopal stands abated.

(2.) This criminal appeal is preferred against the judgment and order dated 30.11.1981 passed by the VIIIth Additional Sessions Judge, Allahabad convicting the appellants and sentencing them under Sec. 436/34, Indian Penal Code to under go five years R.I. and under Sec. 323/34, Indian Penal Code to undergo six months R.I. in S.T. No. 407 of 1980. Both the sentences are ordered to be run concurrently.

(3.) Heard Mr. J.S. Audichiya, learned Counsel for the appellants and learned A.G.A. Mr. Audichiya, learned Counsel for the appellants has argued this appeal only on the question of sentence and contended that the appellant No. 1 Ram Gopal is dead, appellant No. 2 Sahaj Ram is aged about 80 years old and appellant No. 3 Kulloo is aged about 85 years old and they had earlier remain in jail for more than three months, therefore, some lenient view may be taken against the revisionist.