PRAKASH AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order dated 17th October, 1986 passed by IV Additional Sessions Judge, Bulandshahr in Sessions Trial No.36 of 1985, (State Vs. Prakash and others) arising out of case crime no.52 of 1980, police station- Narsena, District- Bulandshahr, whereby the appellants- Omkar and Subhash- have been convicted and sentenced to undergo one year R.I. and one year six months R.I., under Sections 452 and 308/34 IPC, respectively. Both the sentences are directed to run concurrently.

(2.) Appropriate to mention that during the pendency of appeal, appellant no.1 Prakash and appellant no.4 Phali Chand expired, therefore, their appeal stood abated against them, vide order of this Court dated 10.04.2014.

(3.) Now, this appeal is being adjudicated upon in respect of the two surviving appellants- Omkar (appellant no.2) and Subhash (appellant no.3).