(1.) The present appeal has been filed against the judgment and order dated 4.9.1981 passed by Ivth Additional Sessions Judge, Bijnor in S.T. No. 121 of 1980 convicting the appellants to a sentence of four years rigorous imprisonment under Section 364 I.P.C. with a fine of Rs. 500/- or six months in default and alternatively to a sentence of four years rigorous imprisonment under Section 365 I.P.C. and Rs. 500/- fine or six months in default.
(2.) Appellant nos. 2 and 3, namely, Ram Niwas and Ram Charan are reported to have expired and the appeal on their behalf has already been abated on 19.2.2007.
(3.) Heard Sri P.N. Mishra, learned Senior Advocate assisted by Sri Apul Mishra, learned counsel for the appellants and Sri Nikhil Chaturvedi, learned A.G.A. for the State.