(1.) This criminal appeal has been preferred assailing the judgement and order dtd. 15/11/1983 passed by Additional Sessions Judge, Etah, in Sessions Trial No. 242 of 1983 convicting and sentencing the appellants under Sec. 394 IPC read with Sec. 397 IPC to undergo seven years rigorous imprisonment and under Sec. 460 IPC to undergo sentence of life imprisonment directing all the sentences to run concurrently.
(2.) By the order dtd. 18/11/1983 both the appellants were released on bail. As per the office report dtd. 10/5/2024 based on the report submitted by the Chief Judicial Magistrate, Etah, the appellant no. 2-Jagdish, son of Jaerath Singh has died, therefore, appeal in respect of appellant no. 2 stood abated. The appeal now survives only on behalf of appellant no. 1-Rakshpal, son of Raghuvir Singh.
(3.) It is pertinent to mention here that co-accused Rameshwar and Menhdi had approached this Court by filing Criminal Appeal No. 2958 of 1983 (Rameshwar and another vs. State of UP). During pendency of appeal appellant no.2 Menhdi therein died, therefore, appeal on his behalf stood abated. In respect of the appellant no.1-Rameshwar therein the appeal was partly allowed by a Co-ordinate Bench of this Court vide order dtd. 28/3/2024. In the said judgement, brief prosecution story has been appropriately narrated in paragraph 6 of the said judgement, therefore, there is no need to reiterate the same. Paragraph 6 of the said judgement is quoted as under:
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