LAWS(ALL)-2014-5-115

DHANPAL Vs. STATE OF U.P.

Decided On May 28, 2014
DHANPAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) In the revised list, Sri Vinay Saran, learned counsel for the appellants is present along with Sri Sangam Lal Kesherwani, learned AGA for the respondent State. Sri L.V. Singh, learned counsel representing the informant however is not present. The appeal was filed in the year 1982 and thirty three years have gone by and therefore, cannot be kept pending without final disposal for an indefinite period. In view of aforesaid, the appeal has been heard finally.

(2.) At the very outset Sri Saran, learned counsel for the appellants pointed out that so far as appellant no.5 Dashrath Singh is concerned, he is already dead. There is a report in that respect exist on the record sent by C.J.M., Etah dated 19.3.2004, which is Flag "B" on the record of the appeal. In view of aforesaid, this appeal in respect of appellant no.5 Dashrath Singh stands abated.

(3.) This appeal by five appellants Dhanpal, Ravindra Singh, Brijpal Singh, Jagvir Singh and Dashrath Singh is directed against the impugned judgment and order dated 15.9.1982 passed by VIIIth Addl. Sessions Judge, Etah in S.T. No.465 of 1980, State Vs. Dhanpal and others, by which, all the appellants were convicted for offences under sections 148, 307/149 IPC and were sentenced to serve one year R.I. for the former charge and seven years R.I. for the later. Both the sentences were directed to run concurrently by the learned trial Judge. Appellant no.5 Dashrath Singh is the father of appellant no.1 Dhanpal.