SHIV RAJ SINGH AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 3.3.1979 recorded by the First Additional Sessions Judge, Saharanpur in S.T. 486/75 whereby the court was pleased to convict all the appellants under Sec. 307/149, Indian Penal Code and to sentence all of them to R.I. for four years. By the same order, the appellants Sri Krishna and Arjun were convicted under Sec. 148 Indian Penal Code and, on that count, sentenced to R.I. for two years each. The learned court below directed that the sentences were to run concurrently. The accused persons were on bail and were taken into custody after conviction. At the outset, it may be indicated that the appellant, Rajendra Singh son of Bhagwan Singh expired during the pendency of the appeal and a report confirming his death has been received from the concerned CJM. The appeal, therefore, stands abated against this appellant Rajendra Singh.