NATHOO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the accused-appellants against the judgment and order dated 8.3.1983 passed by the IV Additional District & Sessions Judge, Kanpur in Sessions Trial No.261 of 1981, under section 302 IPC, Police Station Sikandara District Kanpur Dehat whereby all the accused appellants have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sections 302 I.P.C and a sentence of five years R.I for the offence punishable under Section 307 IPC.

(2.) At the outset, it is pertinent to mention here that during the pendency of this appeal, the co-accused namely Nathoo Singh, Ram Bali Singh and Shiv Sagar Singh have died. Accordingly, vide order dated 4.8.2015, this Court has abated the appeal in respect of the co-accused namely Nathoo Singh, appellant no.1, Ram Bali Singh, appellant no. 2 and Shiv Sagar Singh, appellant no.4.

(3.) We are proceeding to consider the present appeal in respect of the sole surviving appellant no.3 namely Shiv Pal Singh.