SARDARI LAL GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Mohd. Shahid Akhtar, learned Amicus Curiae for appellant No.4-Suresh Mandal and learned A.G.A. for the State.

(2.) This criminal appeal has been filed by the appellants namely Sardari Lal Gulati, Narendra Nath Gulati, Rajendra Nath Gulati and Suresh Mandal against the judgment and order dated 05.06.1982 passed by learned VIIth Additional Sessions Judge, Lucknow in Sessions Trial No. 513 of 1981 "State vs. Sardari Lal Gulati and others", arising out of Case Crime No. 467 of 1979, under Sections 323, 307 and 302 I.P.C., Police Station Alambagh, District Lucknow, whereby appellant Narendra Nath Gulati has been convicted under Section 302, 324/34 and 323 of I.P.C. and sentenced for life imprisonment, 03 years and 01 year respectively. Appellants Sardaril Lal Gulati, Rajendra Nath Gulati and Suresh Mandal have been convicted under Section 326/34, 324/34 and 323/34 of I.P.C. and have been sentenced for 05 years, 03 years and 01 year rigorous imprisonment, respectively.

(3.) Appellant Nos.1, 2 and 3, namely Sardari Lal Gulati, Narendra Nath Gulati and Rajendra Nath Gulati, have died during the pendency of this appeal and the appeal with regard to them has been abated vide order dated 19.01.2019 of this Court. Now, this appeal survives only with regard to appellant No.4 namely Suresh Mandal. All efforts have been made by this Court to procure the attendance of appellant No.4-Suresh Mandal, but his whereabouts were not traced and in the facts and circumstances of the case, vide order dated 24.09.2019, this Court appointed Shri Mohd. Shahid Akhtar as Amicus Curiae for appellant No.4-Suresh Mandal.