RATAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad learned counsel for the appellants and the learned A.G.A for the State.

(2.) Present appeal has been filed against the judgment and order dated 28.02.2008, passed by Additional District and Sessions Judge/Special Judge (SC/ ST Act ), F.T.C. No. 4 Aligarh in Sessions Trial No. 1179 of 1996 arising out of case crime No. 90 of 1996 under Sections 376(2)(g) IPC and Section 3(2)(v) SC and ST Act , police station Lodha, district Aligarh, whereby the appellants have been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 25,000/- for the offence under Section 376(2)(g) IPC and in case of default in payment of fine to further undergo imprisonment of two years and to undergo imprisonment for life and to pay fine of Rs. 25,000/- for the offence under Section 3(2)(v) SC and ST Act and in case of default in payment of fine to further undergo imprisonment of two years.

(3.) It is contended by learned counsel for the appellants that the judgment and order of conviction impugned was recorded against the appellants as well as against Mahaveer @ Manavdas, for whom separate Criminal Appeal No. 1366 of 2008 was filed. However, this Court had called for a report vide order dated 06.09.2016, in the aforesaid appeal of Mahaveer @ Manavdas as it was intimated by the counsel for the said appellant that he had expired and the Chief Judicial Magistrate, Hathras had submitted his report on 12.07.2016, reporting that Mahaveer @ Manadas has since expired in Central Jail, Agra, therefore, the aforesaid appeal of Mahaveer @ Manavdas being Crimianl Appeal No. 1366 of 2008, was abated vide order of this Court dated 05.10.2017.