GANPAT AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal has been filed by accused-appellants Ganpat, Ram Shanker, Virendra, Shripal and Iqbal against common judgement dated 3.6.1989 passed by Sessions Judge, Etah in Session Trial No. 362 of 1985 (State Vs. Genda Lal and others) and Session Trial No. 217 of 1986 (State Vs. Shripala and another), under Sections 148, 302, 302 I.P.C. read with Section 149 I.P.C. and 307 I.P.C. read with Section 149 I.P.C., Police Station Sahawar, District Etah whereby learned Sessions Judge has convicted accused-appellants Ganpat, Ram Shanker, Virendra, Shripal and Iqabal for offences punishable under Sections 148 I.P.C., 307 I.P.C. read with Section 149 I.P.C. and Section 302 I.P.C. read with Section 149 I.P.C. and has sentenced thereunder each of said appellants with rigorous imprisonment for two years, five years and life imprisonment respectively.

(2.) Criminal Appeal No. 1355 of 1989 (Genda Lal Vs. State of U.P.) was also filed by co-accused appellant Genda Lal against aforesaid judgement and order passed by learned Sessions Judge, Etah in aforesaid session trials whereby, he has convicted co-accused appellant Genda Lal for offences punishable under Section 148 I.P.C., 307 I.P.C. read with Section 149 I.P.C. and 302 I.P.C. and has sentenced him thereunder to rigorous imprisonment for two years, five years and life imprisonment respectively but co-accused appellant Genda Lal died during pendency of appeal, therefore his appeal has already been abated.

(3.) Accused-appellants Ganpat, Ram Shanker and Shripal also died during pendency of appeal. Present appeal also stands abated in respect of them.