DESH RAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 24 -04 -1985 and 6 -05 -1985 passed by learned II Additional Sessions Judge, Nainital whereby the learned II Addi tional Sessions Judge has acquitted the accused Swarn Singh, Ganeshi, and Chhinder Singh u/s 395, 397 I. PC. ; ac cused Lakhvinder Singh was acquitted u/ s 395, 397 and 412 I. FC. and the ap pellants Narendra Singh, Sukhvender Singh, Deshraj and Mahender Kaur were convicted u/s 412i. PC. and sentenced for 5 years R. I. to each of them. Ap pellant Narender Singh was also con victed u/s 25 Arms Act and sentenced to one year R. I. Both the sentences were directed to run concurrently. However, the appellant Narender Singh was ac quitted from the offence punishable u/s 395 and 397. I. P. C. The order of the sentence was passed against Narender Singh and Mahendra Kaur on 6 -05 -1985, as they were not present in the court on 24 - 04 -1985.

(2.) BOTH these appeals have been preferred against the same judgment and order and against the same incident. Hence, both these appeals are being de cided by this common judgment and or der.

(3.) IN appeal No. 239/01 (Old appeal no. 1269/1985), the appellants Narendra Singh and Smt. Mahender Kaur, had died. As per the report of C. J. M. Udham Singh Nagar dated 24 -04 -2007, it is reported that appellant Narendra Singh had died in the year 2005. As per the report of Chief Judi cial Magistrate, Nainital, dated 30 -04 -2007, Smt. Mahendra Kaur had also died. As both the appellants in this ap peal have died, hence the appeal against the appellants Narendra Singh and Smt. Mahendra Kaur stands abated. In appeal No. 235/01 (Old No. 1144/ 1985) the appellant no. 1 Desh Raj had died. The Chief Judicial Magis trate, Udham Singh Nagar, has submit ted by his report on 7th May, 2002 that appellant Desh Raj had died 15 years back. Hence, the appeal against Desh Raj also stands abated. Now the only appellant is Sakhwinder Singh is alive and trial court has convicted the present appellant under Section 412 I. P. C. and awarded sentence of 5 years R. I.