(1.) We have heard Sri Jitendra Kumar, learned counsel for the appellants and Sri Chandra Jeet Yadav, learned A.G.A. for the State.
(2.) This criminal appeal has been preferred by the appellants (1) Prem Pal (now dead), (2) Balbir and (3) Bankey Lal (now dead) against the judgment and order of the then Second Additional Sessions Judge, Aligarh dated 28.1984 in Sessions Trial No. 404 of 1983, arising out of Crime No. 209 of 1982, under Sections 147, 148, 302, 307 I.P.C., Police Station Chandaus, District Aligarh convicting and sentencing the accused persons-appellants Prem Pal, Balbir and Bankey Lal under Sec. 148 I.P.C. to undergo Rigorous Imprisonment for two years and all the three accused persons appellants to undergo for life imprisonment under Sec. 302 readwith Sec. 149 I.P.C. All the sentences were directed to run concurrently.
(3.) During pendency of this appeal, the accused appellant No. 1 Prem Pal and appellant No. 3 Bankey Lal have died, hence their appeal stood abated. Since the appeal against the appellant No. 1 Prem Pal and appellant No. 3 Bankey Lal stood abated by order dated 06.09.2016, now the sole surviving appellant is the appellant No. 2 Balbir.