HARJINDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) It appears from the record that as per prosecution story the accused-appellants Harjindra Singh and Vichitter Singh in criminal appeal no. 646 of 1986 and in duplicate criminal appeal no. 941 of 1986, were main shooters of deceased. It has come on record that both the accused persons after selling their property have allegedly gone to Punjab. However, from perusal of progress report which has been filed today in Court by learned A.G.A. it has been brought to the notice of the Court that accused-appellants are not traceable and their whereabouts are not known.

(2.) Sri J.S. Sengar who was appearing as counsel for accused-appellants Harjindra Singh and Vichitter Singh in the aforesaid criminal appeal is no more. In the circumstances, Sri Apul Mishra, appearing in the appeal on behalf of appellant no. 3, is appointed as Amicus Curiae to argue the case on behalf of accused appellants no. 1 and 2 also as he is well conversant with the case.

(3.) Both the criminal appeals have been filed challenging the judgment and order dated 31.1.1986 passed by Sessions Judge, Pilibhit in Sessions Trial No. 76 of 1985 (State Vs. Harjendra Singh & others) whereby accused-appellants have been sentenced to Rigorous Imprisonment for life under Section 302/34 IPC, for one year under Section 323/34 IPC, and under Section 394 IPC for ten years. Since both the criminal appeals are heard altogether, the same are being decided by a common judgment.