CHHOTEY LAL AND ORS. Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgement and order dated 25.8.1981 passed by learned IV Addl. District and Sessions Judge, Agra in S.T. No. 78 of 1981, whereby the appellant Chhotey Lal was convicted for offence under Sections 307 Indian Penal Code, 1860 (in short IPC) and appellants Bhagwan Das, Jogendra and Munna Lal were convicted under Section 307 read with Section 34 IPC and consequently, they were sentenced to undergo rigorous imprisonment for five years and fine of Rs. 1000/- each with default stipulation.

(2.) Perusal of record indicates that the appellant no. 1 Chhotey Lal and appellant No. 4 Munna Lal have died during the pendency of the present criminal appeal. Hence their appeal stand abated. This court has heard the criminal appeal of the surviving appellants Bhagwan Das and Jogendra.

(3.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by Mr. A. K. Pandey, Advocate, learned counsel appearing for the surviving appellants Bhagwan Das and Jogendra and learned AGA and perused the material on record.