RAMESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. In this case Ramesh Singh, appellant No. 1 has died. Report regarding his death was called from the C. J. M. Bijnor, who vide his report dated 22-6-2004 has confirmed the death of the appellant. Therefore, the appeal against Ramesh Singh, appellant No. 1 stands abated.

(2.) THIS appeal was preferred against the judgment and order dated 5-7-1980 passed by the IV Additional Sessions Judge, Bijnor in S. T. No. 47 of 1979 whereby he convicted Ramesh Singh and Lakhpat under Section 307 IPC and sentenced each of them to seven years R. I. and a fine of Rs. 500 or to further six months R. I. in default for attempting to commit the murder of Purshottam. They are similarly sentenced to a separate term of seven years R. I. and a fine of Rs. 500 or to six months R. I. in default under Section 307 IPC for attempting to commit the murder of Vijaybhan. Kalwa and Raghubir were convicted under Sections 307/34 IPC and sentenced to seven years R. I. and a fine of Rs. 500 or to six months further R. I. in default for attempting to commit the murder of Purshottam. They are further sentenced to seven years R. I. and a fine of Rs. 500/- or to six months further R. I. in default under Sections 307/34 IPC for attempting to commit the murder of Vijaybhan. All the sentences were to run concurrently.

(3.) A significant development has taken place in this case that there that been a compromise in the matter between the parties. Compromise application along with affidavit was filed in this Court, which was sent for verification on 6-1-1996 to the C. J. M. , Bijnor. This application was received back after verification from the CJM vide his report dated 29-6-1996. This compromise was effected between the surviving appellants and the two injured persons Purshottam and Vijaybhan.