RAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Sheshadri Trivedi, learned counsel for the appellants, learned AGA for the State and perused the record of the case.

(2.) This criminal appeal arises out of a judgment and order dated 9.12.1982 passed by Additional Sessions Judge (Special Judge), Fatehpur in S.T. No. 124 of 1982 by which he has convicted and sentenced appellant nos. 1 and 2, namely, Rajendra Singh @ Rajola Singh S/o Amar Nath Singh and Gaya Shanker Singh S/o Kuber Singh to undergo two years rigorous imprisonment under Section 148 IPC each and life imprisonment under Section 302 IPC read with Section 149 IPC and further appellant no.3 Udai Kumar Singh has been convicted and thereafter sentenced to undergo two years rigorous imprisonment under Section 148 IPC and life imprisonment under Section 302 IPC read with Section 301 IPC.

(3.) Before proceeding with the case of the prosecution, it may be noted that the present appeal was initially filed on behalf of three accused-appellants, namely, Rajendra Singh @ Rajola Singh (appellant no.1), Gaya Shanker Singh (appellant no.2) and Udai Kumar Singh (appellant no.3), however, during the pendency of the appeal, appellant no.2 Gaya Shanker Singh has expired and accordingly the appeal filed on behalf of him stood abated vide order of this Court dated 15.5.2012. Thus, at present, the present appeal is being considered only with regard to appellant nos. 1 and 3, namely, Rajendra Singh @ Rajola Singh and Udai Kumar Singh, respectively.