VISHWANATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mrs. Kamla Singh, learned counsel for the appellants, Sri Rajiv Lochan Shukla, learned counsel for the complainant as well as Mrs. Archana Singh, learned A.G.A. appearing for the State.

(2.) This criminal appeal has been preferred by the accused-appellants Vishwanath, Basant Singh, Subhash, Kailash Baboo and Sri Govind against judgment and order dated 6.4.1983, passed by Sessions Judge, Etawah in Sessions Trial No.130 of 1979 (State Vs. Vishwanath and 4 others) whereby accused-appellants Vishwanath, Basant and Subhash have been convicted under Section 148, 302/149, 324/149 IPC and sentenced under Section 148 IPC with one year R.I., under Section 324/149 IPC with two years R.I. and under Section 302/149 IPC with life imprisonment and Sri Govind and Kailash Baboo have been convicted under Sections 147, 302/149 and 324/149 IPC and sentenced with six months R.I. under Section 147 IPC, two years R.I., under Section 324/149 and life imprisonment under Section 302/149 IPC. All these sentences are directed to run concurrently.

(3.) During pendency of appeal accused-appellants Basant Singh and Sri Govind have died and, their appeals have been abated vide this Court's order dated 27.7.2016. Therefore, the appeal of the remaining accused-appellants namely Vishwanath, Subhash and Kailash only survive for our consideration.