VISHWA NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been filed against the judgment and order dated 31.7.1982 passed by 1st Additional Sessions Judge, Ballia in Sessions Trial No.89 of 1981 convicting and sentencing the appellants under Sections 323 read with section 149 IPC to six months rigorous imprisonment, under Section 324 read with section 149 IPC to two years rigorous imprisonment and under section 325 read with section 149 IPC to five years rigorous imprisonment. Appellants Swami Nath and Deo Narain are further found guilty for the offence punishable under Section 148 IPC and each of them is hereby further further convicted and sentenced to undergo R.I. for a period of one year. Appellants Vishwanath, Saudagar, Rama Shanker and Tulsi are further found guilt for the offence punishable under section 147 IPC and each of them is hereby further convicted and sentenced to undergo R.I. for eight months.

(3.) At the outset the appeal was preferred against the aforesaid judgment and conviction of six appellants out of which appellant no.1 Vishwanath, appellant no.2 Saudagar, appellant no.4 Tulsi and appellant no.5 Swami Nath died during the pendency of the appeal and their appeals stood abated by the orders of the Court dated 23.9.2016.