RAJ DEO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri U.P.Singh, learned counsel for the appellants, Shri U.C. Verma, learned A.G.A. for the State, Shri Vijai Shankar Tripathi, learned counsel appearing for the complainant/informant and perused the record.

(2.) This criminal appeal has been preferred by the appellants, namely, Raj Deo, Ram Singar, Ram Vishal, Ram Bodh and Surya Bhan under Sec. 374(2) of the Cr.P.C. against the judgment and order of the trial court dtd. 5/3/2001 passed by IIIrd Additional Sessions Judge, Sultanpur in Sessions Trial No. 222 of 1992 (State vs. Raj Deo and others), arising out of Case Crime No. 263 of 1991, under Ss. 147, 148, 302/149 I.P.C., Police Station Lambhua, District Sultanpur, whereby the appellant- Ram Vishal has been convicted for committing offence under Sec. 148 and 302/149 I.P.C. and rest of the appellants have been convicted for committing offence under Sec. 147 and 302/149 I.P.C. and have been sentenced with maximum term of rigorous life imprisonment' pertaining to offence under Sec. 302/149 I.P.C. with fine of Rs.5000.00 along with default clause.

(3.) Shri U.P. Singh, learned counsel representing the appellants submits that appellant no.1/Raj Deo and appellant no.4/Ram Bodh had died on 13/2/2015 and 9/7/2012 respectively during the pendency of this appeal. This submission of learned counsel for the appellant has also been corroborated by the report of the C.J.M., Sultanpur of date 30/9/2019. Vide order of date 13/3/2024 passed by this Court, the proceedings of this appeal have already been abated with regard to appellant no.1/Raj Deo and appellant no.4/Ram Bodh. Thus, the instant appeal survives only for appellants no.2, 3 and 5, namely, Ram Singar, Ram Vishal and Surya Bhan.