BALAK RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Chetan Chatterjee, learned counsel appointed by the High Court Legal Service Committee for arguing the appeal on behalf of appellant no.2, who has also been appointed as amicus curiae by this Court for arguing the appeal on behalf of appellant no. 3; Sri G. N. Kanojiya, learned A.G.A.-I appearing on behalf of the State and perused the trial Court record as well as the judgment and order passed by the trial Court.

(2.) This criminal appeal has been preferred by the appellants against the judgment and order of sentence dtd. 24/9/2005 passed by the Additional Sessions Judge, Saharanpur arising out of Case Crime No. 37 of 1992, registered as Sessions Trial No. 66 of 1995 (State Vs. Anoop Singh and others), whereby the learned Additional Sessions Judge had convicted appellant Anoop Singh under Sec. 364 and 302/34 I.P.C. and sentenced him under Sec. 364 I.P.C. to undergo 10 year rigorous imprisonment with fine of Rs.10,000.00 and to undergo life imprisonment with fine of Rs.10,000.00 under Sec. 302/34 I.P.C. In case of default in the payment of fine, he was sentenced to undergo additional sentence of three months. Appellants, Ram Kumar, Vinod and Balak Ram have been convicted and sentenced to undergo life imprisonment with fine of Rs.10,000.00 under Ss. 302/34 I.P.C. In case of default in payment of fine, they have been sentenced to undergo additional sentence of three months.

(3.) Two appellants, namely appellant no.1, Balak Ram and appellant no.4, Vinod, died during the pendency of this appeal and the appeal qua them stood abated vide orders dtd. 11/1/2023 and 8/1/2026 respectively passed by this Court. The only surviving appellants are appellant nos. 2 and 3, namely, Anoop Singh and Ram Kumar, respectively.