LAWS(ALL)-2015-5-176

HARIHAR SINGH Vs. STATE

Decided On May 20, 2015
HARIHAR SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellants against the judgement and order dated 27.3.1982 passed by the District & Sessions Judge, Ghazipur in Session Trial No.150 of 1980 (State vs. Harihar Singh and others) convicting and sentencing the appellants for the offences punishable under Section 302 IPC read with Section 149 IPC to undergo life imprisonment, for the offence under Section 307 IPC read with Section 149 IPC to undergo five years rigorous imprisonment and for the offence under Section 323 IPC read with Section 149 IPC to undergo six months rigorous imprisonment. Appellants Harihar Singh, Ram Awadh Singh, Ravindra Singh, Mahendra Singh and Ashok Singh have also been convicted and sentenced for two years rigorous imprisonment for the offence under Section 148 IPC whereas appellants Sheomurat Singh, Baiju Singh, Musafir Singh and Kesho Singh have been convicted and sentenced for one year's rigorous imprisonment under Section 147 IPC.. All the sentences have been directed to run concurrently.

(2.) At the outset, it is relevant to mention here that during pendency of this appeal, the appellant no.1 - Harihar Singh, appellant no.2 Sheomurat Singh, appellant no.3 Ram Awadh Singh and appellant no.4 Kesho Singh have died. Accordingly, vide orders dated 11.1.2012 and 28.5.2012, this Court has abated the appeal as against the appellant no.1 - Harihar Singh, appellant no.2 Sheomurat Singh, appellant no.3 Ram Awadh Singh and appellant no.4 Kesho Singh.

(3.) Now, we are proceeding to consider the present appeal in respect of rest of the appellants i.e. Ravindra Singh, Musafir Singh, Ashok Singh, Mahendra Singh, and Baiju Singh.