KARAM (IN JAIL) Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 3.12.1980 passed by Sri S.N. Prasad, the then IIIrd Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 142 of 1979 connected with Sessions Trial Nos. 143 and 144 of 1979 whereby he convicted the accused -Appellants Ghasita and Karam Singh for the offence Under Section 399, I.P.C. and sentenced each of them to undergo rigorous imprisonment for a period of four and half years ; convicted each of them for the offence Under Section 402, I.P.C. and sentenced each of them to undergo rigorous imprisonment for three years and further convicted each of them Under Section 25 of the Arms Act and sentenced each of them to undergo rigorous imprisonment for a period of one and half years. The sentences had been made to run concurrently.

(2.) DURING the tendency of this appeal, Appellant Ghasita had died. Consequently the appeal abates to his extent and this appeal is now left to be decided relating to accused -Appellant Karam Singh alone.

(3.) AT the trial, the prosecution examined Santosh Kumar Sharma, architect of the raid as P.W.2; Om Dutt Tyagi, leader of second party as P.W. 1 and Babu Ram, a public witness as P.W. 3. He was said to be a member of the second party. The prosecution also examined the Investigating Officer Ram Bhool Singh as P.W. 4. Two witnesses, namely, Kali Ram and Mahipal Singh were examined by accused Ghasita (now dead) in his defense.