BABU SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 22.12.1981 passed by the XII Additional Sessions Judge, Kanpur, in S.T. No. 43/M of 1978, State Vs. Babu Singh and others, arising out of Case Crime No. 717 of 1974, under sections 148, 147, 307 read with 149 I.P.C. P.S. Juhi, District Kanpur Nagar.

(2.) At the very outset it may be mentioned that this appeal had been filed by three convicts/ appellants. Out of the three, two appellants namely Babu Singh and Narain Singh died during pendency of the appeal and the appeal against the appellant Babu Singh was abated vide order dated 3.9.2012 of this court and it abated against appellant Narain Singh vide order dated 21.4.2016 of this court. Now the only surviving appellant is Vijay Singh, who has been convicted and sentenced for rigorous imprisonments for a term of three years under section 307 read with Section 149 I.P.C. and rigorous imprisonment for eighteen months under section 148 I.P.C. Both the sentences were directed to run concurrently.

(3.) Heard learned counsel for the surviving appellant Vijay Singh and learned AGA for the State. Perused the record.