ZILEDAR & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 27.03.1987 passed by Special/Sessions Judge, Jaunpur in Sessions Trial No. 14 of 1983 (State Vs. Ziledar and others), arising out of Case Crime No.173/1981, Police Station- Zafarabad, District- Jaunpur, whereby the appellant- Man Singh- has been found below 16 years of age, therefore, he got benefit of provisions of First Offender Probation Act. Hence, trial court directed him to furnish two sureties each for Rs.5000/- and a personal bond of the like amount for keeping peace and be of good behaviour for a period of three years and shall be kept under the supervision of Probation Officer.

(2.) Before proceeding further with the factual matrix of the case, no adverse circumstance or violation of good behaviour, as directed by the trial court, has been intimated from any corner to this Court, therefore, it is obvious that the sentencing part confined to direction of keeping good behaviour for a period of three years has already been suffered, thus stood exhausted. However, this case is being adjudicated upon on its merit.

(3.) Pertinent to mention that out of the three appellants two appellants, namely, Ziledar S/o Baladin (appellant No.1) and Lal Saheb S/o Subedar (appellant no.2) expired during pendency of this appeal. Therefore, this appeal stood abated qua Ziledar S/o Baladin (appellant No.1) and Lal Saheb S/o Subedar (appellant no.2) vide order dated 11.01.2018. Now, the appeal is confined to only one accused is being adjudicated upon in respect of appellant no.3- Man Singh only.