KRISHNA AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Instant criminal appeal has been preferred by accused appellants Shri Krishna, Ram Kishna, Bharat, Roop Lal, Sukhvasi, Har Dayal @ Har Pal, Ram Autar son of Soney Lal, Ram Asrey, Ram Adhar, Udhan and Ram Autar son of Satti Deen Jatav against judgment and order dated 20/21.5.1983 passed by IIIrd Additional District & Sessions Judge, Farrukhabad in Session Trial No.413 of 1981 (State of U.P. vs. Sri Krishan and others) convicting and sentencing the appellants Shri Krishna, Ram Kishna, Bharat, Roop Lal, Sukhvasi, Har Dayal @ Har Pal, Ram Autar son of Soney Lal, Ram Asrey, Ram Adhar, Udhan and Ram Autar son of Satti Deen Jatav for the offence punishable under Sections 302/149 IPC for imprisonment for life, for the offence under Sections 307/149 IPC to undergo five years rigorous imprisonment and accused appellants Roop Lal, Sukhvasi, Har Dayal @ Harpal, Ram Autar son of Soney Lal, Ram Asrey, Ramadhar, Udhan and Ram Autar son of Satti Deen for the offence under Section 147 IPC to undergo one year rigorous imprisonment and accused appellants Sri Krishan, Ram Krishan and Bharat for the offence under Section 148 IPC to undergo two years rigorous imprisonment and accused appellants Ram Autar son of Sattideen and Sri Krishan for the offence under Sectiion 404 IPC to undergo two and a half years rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) At the outset, it is relevant to mention here that during pendency of this appeal, appellant nos. 4, 5 and 11 (Roop Lal, Sukhvasi and Ram Autar son of Satti Deen) have died. Accordingly, vide order dated 19.5.2016 this Court has abated the appeal in respect of appellant nos. 4, 5 and 11 (Roop Lal, Sukhvasi and Ram Autar son of Satti Deen), respectively.

(3.) Now, Court is proceeding to consider present appeal in respect of rest of appellants, namely, Shri Krishna, Ram Krishna, Bharat, Hardayal @ Harpal, Ram Autar son of Soney Lal, Ram Ashrey, Ram Adhar and Udhan.