SABIR SHAH Vs. STATE OF U P

JUDGEMENT

(1.) R. P. Nigam, J. This criminal ap peal has been preferred against the judg ment and order dated 12-8-1983 passed by Second Additional Sessions Judge, Lak-himpur Kheri in ST. No. 116 of 1983. Slate v. Sabir Shah and another by which the appellants were convicted under Sec tions 366, 376 and 341. IPC and each appellant was sentenced to undergo rigor ous imprisonment for three years under Section 366, IPC, to undergo rigorous im prisonment for five years under Section 376, IPC and to undergo simple impris onment for one month under Section 341. IPC and it was ordered that the sentences of the appellants would run concurrently.

(2.) THE appellant No. 1 Sabir Shah died during the pendency of this appeal and, therefore, this criminal appeal was abated against him on 3-4-1997,

(3.) ON the basis of written report Ex. Ka. 1, chick FIR Ex. Ka-2 was prepared and the case against three unknown per sons was registered at report No. 11 of the G. D. on 23-10-1982 at 2. 00 p. m. under Sections 346, 363 and 366, IPC and the copy of report No. 11 is Ex. Ka-3.