STATE OF U P Vs. RAM CHANDRA

JUDGEMENT

(1.) Since, Government Appeal No. 570 of 1982 and both the connected Criminal Appeal Nos. 2920 of 1981 and 3021 of 1981 arise out of the impugned judgment and order dated 27.11.1981 passed by the IV Additional Sessions Judge, Gorakhpur in S.T. No.614 of 1980 ( State Versus Harbansh and others ) by which respondent-accused Ram Chandra was acquitted of the offence under Sections 302/34 and 307/34 IPC but the learned trial Court convicted appellants Harbans, Raimal and Rajendra for the offence under Sections 302/34 and 307/34 IPC and sentenced each of them to undergo rigorous imprisonment for life and 5 years' rigorous imprisonment under each count respectively, therefore they are being heard and decided by a common judgment.

(2.) It is apparent from the report of C.J.M. Gorakhpur dated 20th March, 2007 that appellant Harbans died during the pendency of criminal appeal no. 3021 of 1981, therefore, the appeal against him was abated vide order dated 14.2.2008.

(3.) It further appears from the report of C.J.M. Gorakhpur dated 28.2.2006 that appellant Raimal died during the pendency of criminal appeal no. 2920 of 1981, hence the appeal against him was abated vide order dated 13.3.207.