AKHILESH KUMAR & ANOTHER Vs. STATE

JUDGEMENT

(1.) We have heard at length Sri Vishwa Ratna Dwivedi, learned counsel for the appellant Akhilesh Kumar, Sri Mahendra Singh, learned AGA for the State and perused the record.

(2.) Relevant to mention that in this case two appellants namely appellant no. 2 Sarla Devi in CRIMINAL APPEAL No. - 3034 of 1982 and appellant Maheshi in CRIMINAL APPEAL No. - 3138 of 1982 have died during the pendency of aforesaid appeals, therefore, their appeals abated vide orders of this Court dated 04.03.2014 and 03.01.2014 respectively. Now, the only surviving appellant before us is Akhilesh Kumar son of Jagat Narain @ Rajjan. Therefore, this appeal (Criminal Appeal No. 3034 of 1982) is now confined to him only. However, it is observed that both the appeals arose out of same judgment dated 22.11.1981 passed by the trial court and the same are decided by a common judgment.

(3.) In this case, initially appellant Akhilesh Kumar was on bail but later on he was sent to jail on 31.10.2015 and is languishing in jail ever since.