RAM KRISAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By his judgment and order dated 11-6-1980 Sri S.N. Saxena, the then IIIrd Addl. District and Sessions Judge, Budaun in Sessions Trial No. 223 of 1979, State v. Ram Krishan and Rameshwar Dayal and in Sessions Trial No. 223 of 1979, State v. Ajudhya Prasad Sharma and Smt. Urmila, which were consolidated for a joint trial of all the four accused for various offences, convicted accused Rameshwar Dayal and Ajudhya Prasad for the offences under Sections 363, 366 and 376, I.P.C. and sentenced Rameshwar Dayal accused-appellant to suffer R.I. for a period of three years for the offence under Section 363, I.P.C., R.I. for a period of six years for the offence under Section 366, I.P.C. and R.I. for a period of ten years for the offence under Section 376, I.P.C. All the sentences were ordered to run concurrently by the same judgment. He convicted accused appellant Ram Krishan for the offence under Section 376, I.P.C. and sentence him to undergo R.I. for a period of ten years for the said offence. He, however, acquitted Smt. Urmila accused appellant of the offence under Section 506, I.P.C.

(2.) Being aggrieved by the same, both Ram Krishan and Rameshwar Dayal accused-appellants have preferred this Criminal Appeal No. 1345 of 1980. A separate Criminal Appeal No. 1366 of 1980 was by Ajudhya Prasad Sharma accused appellant against his conviction and sentence is at the same trial.

(3.) Ajudhya Prasad Sharma accused-appellant died and consequently the appeal preferred by him was declared abated by this Court vide its order dated 24-2-1997. Rameshwar Dayal accused-appellant also died and consequently the present appeal has been declared abated to his extent by the order of this Court dated 1-12-997. So the present appeal remains only in respect of Ram Krishan accused-appellant against his conviction and sentence.