(1.) Heard Shri I.K. Chaturvedi, learned Senior Counsel assisted by Shri Aditya Prakash alongwith Shri Saurabh Chaturvedi, learned counsel for the surviving appellants, Shri Satish Kumar Tyagi, learned counsel for the informant, Shri O.P. Dwivedi, learned AGA-I for the State of U.P. and perused the record.
(2.) Present Criminal Appeal has been filed against the judgment and order dtd. 2/8/1983, passed by Ist. Additional Sessions Judge, Ghaziabad in S.T. No. 73 of 1982 (State Vs. Attar Singh and Others) convicting and sentencing appellant Boondi and Khajan Singh to 18 months R.I. under Sec. 148 of I.P.C. and sentencing the remaining appellant namely; Attar Singh, Bani Singh, Om Prakash, Nathu Singh son of Afimi, Harphool, Tej Ram, Tota Ram Chhattar, Buddha, Omi, Nathu son of Khacheru, Sarni, to one years R.I. under Sec. 147 of Indian Penal Code and further sentencing all the appellants to life imprisonment under Sec. 302 I.P.C. read with Sec. 149 I.P.C. further sentencing all the appellants to undergo 5 years R.I. on each count under Sec. 307 I.P.C. read with Sec. 149 I.P.C. and further sentencing all the appellants to 6 month R.I. under Sec. 323 I.P.C. read with Sec. 149 I.P.C. The sentences on all the counts shall run concurrently.
(3.) Vide order dtd. 20/4/2012 the appeal stood abated in respect of appellant no.10-Boondi son of Harpal Singh and Appellant no.11-Harphool son of Chhajju; vide order dtd. 21/8/2017 the appeal stood abated in respect of appellant no.1-Attar Singh son of Johri Singh, appellant no.5-Nathu son of Khacheru, appellant no.6-Buddha son of Murari; vide order dtd. 9/9/2021 the appeal stood abated in respect of appellant no.4-Nathu son of Afimi, appellant no.8-Omi son of Sukhan, appellant no.14-Khazan son of Chhaju Singh; and vide order dtd. 3/4/2025 the appeal stood abated in respect of appellant no.12-Tej Ram son Phartey. Now the appeal is surviving only in respect of appellant no.2- Bani Singh son of Johari Singh, appellant no.3-Om Prakash son of Johari Singh, appellant no.7-Chittar son of Murari, appellant no.9-Serni son of Manglu, appellant no.13-Tota Ram son of Pratap Singh.
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