DAMODAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) Heard Sri Dinesh Kumar, Lalit Kumar Shukla, learned counsels for the appellants and Sri S.S. Rathor, learned AGA for the State.

(2.) The present appeal arises out against the judgment and order dated 30.8.1980 passed by IInd Additional Sessions Judge, Mathura, in Sessions Trial No.41 of 1980 convicting the appellants Damoder and Mahendra under Section 148 IPC and sentencing them to one year rigorous imprisonment, under Section 307 read with section 149 IPC, sentencing them to three years rigorous imprisonment under Section 325/149 IPC, sentencing them to two years rigorous imprisonment under Section 324/149 IPC, sentencing them to one year rigorous imprisonment and under Section 323/149 IPC and convicting the appellants Soran, Shivram and Laxman under Section 147 IPC and sentencing them to nine months rigorous imprisonment, under Section 307/149 IPC sentencing them to three years rigorous imprisonment, under Section 325/149 IPC sentencing them to two years rigorous imprisonment, under Section 324/149 IPC sentencing them to one year Rl, and under Section 323/149 IPC sentencing them to three months rigorous imprisonment, all the sentences of all the appellants to run concurrently.

(3.) During pendency of the appeal appellants Laxman died. Based on the report of Chief Judicial Magistrate, Mathura on 6.9.2017 after due verification the appeal against him stood abated. The surviving appellants are appellant no.1-Damodar, appellant no.2-Mahendra, appellant no.3-Soran and appellant no.4-Shivram.