GOVIND Vs. STATE

JUDGEMENT

(1.) Heard Sri Priyansh, learned Amicus Curiae for the appellant Karua and Sri Amit Sinha, learned A.G.A. for the State-respondent.

(2.) Instant Criminal Appeal has been preferred against judgment and order dtd. 26/7/1983 passed by Leaned Additional Session Judge Etah in S.T. 215 of 1982, arising out of Case Crime No.238 of 1980, under Ss. 147,148, 302/149, 323/149 IPC, Police Station Sahawar, Kasganj, (then District Eath). Learned trial court, in said trial convicted the appellants Govind, Chhadami and Ram Dayal for charge under Sec. 148 IPC and sentenced them to two years rigorous imprisonment. Accused Om Prakash and Karua were convicted of charge under Sec. 147 IPC and sentenced to one year rigorous imprisonment. All the accused namely Govind, Chhadami, Om Prakash, Karua and Ram Dayal were further held guilty for charge under Sec. 323/149 IPC and sentenced to one year rigorous imprisonment. All the accused persons were further held guilty of main charge under Sec. 302/149 IPC and sentenced to imprisonment for life. One accused Ran Singh had been acquitted of all charges for want of evidence.

(3.) It appears that during the pendency of present appeal, appellants Govind, Chhadami, Om Prakash and Ram Dayal died during the pendency of appeal and this appeal qua them was directed to be abated by order of this Court passed from time to time on order sheet and present appeal has been heard in respect of surviving appellant accused Karua only.