AHALKAR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal had been presented on behalf of three appellants, namely, Ahalkar Singh; Durgpal Singh; and Soorajpal Singh, against the judgment and order dated 29. 03. 1991 passed by the 1st Additional Sessions Judge, Budaun in S. T. No. 148 of 1987 by which the appellant no. 1 - Ahalkar Singh was convicted under Section 302 IPC and awarded life sentence whereas the appellant no. 2 - Durgpal Singh and appellant no. 3 - Soorajpal Singh were convicted under Section 302 read with Section 34 IPC with life sentence. In addition to above, the appellant no. 2 - Durgpal Singh was also convicted under Section 324 IPC with two years rigorous imprisonment. All sentences to run concurrently.

(2.) During the pendency of the appeal, the appellants 1 and 3, namely, Ahalkar Singh and Soorajpal Singh, died. Consequently, the appeal of Ahalkar Singh was abated vide order dated 13. 12. 2017 and the appeal of Soorajpal Singh was abated vide order dated 19. 09. 2019. This appeal therefore survives qua the appellant no. 2, namely, Durgpal Singh.

(3.) After investigation, charge sheet was laid against Ahalkar; Durgpal; Soorajpal; and Bhagirath and the case was committed to the court of session for trial. During the course of trial, the accused Bhagirath died. Case against him therefore abated.