BRIJ KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal under Section 374(2) Cr.P.C. was initially filed by accused persons Brij Kishore alias Brijo, Suresh, Ashok and Ram Kishore against the judgment and order dated 6.4.1983 passed by Sri M.G. Godbole, Sessions Judge, Aligarh in respect of Sessions Trial No. 220 of 1982, convicting the appellants under Sections 148, 302 I.P.C. read with Section 149 I.P.C. sentencing each of them for two years Rigorous Imprisonment and for imprisonment for life respectively.

(2.) At the very outset, it is very relevant to mention here that during pendency of appeal, the appellant No. 4 Ram Kishore son of Chhajju Ram has died, regarding which a report was summoned from the Chief Judicial Magistrate, Aligarh and report dated 3.7.2012 to this effect is available on record. As per the report of the Chief Judicial Magistrate, Aligarh, the accused-appellant No. 4 Ram Kishore has died. Accordingly, this appeal is abated against the appellant No. 4 Ram Kishore.

(3.) Now this appeal is being considered in respect of rest of the appellants i.e. Brij Kishore alias Brijo, Suresh and Ashok.