SHIV RAM SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24-11-1979 passed by Sri D.S. Ram, the then II Additional Sessions Judge, Etawah in Sessions Trial No. 61 of 1978 whereby he convicted the accused-appellants Shiv Ram Singh and Sugriv Singh of the offences under Sections 399/402, I.P.C. and sentenced each one of them to undergo rigorous imprisonment for a period of two years and further convicted Shiv Ram Singh accused-appellant of the offence under Section 25 of the Arms Act also and sentenced him to suffer three months rigorous imprisonment for this offence and directed that in the case of each accused both all the sentences shall run concurrently.

(2.) Out of the accused-appellants, Shiv Ram Singh accused-appellant has died during the pendency of the appeal and so to his extent this appeal is to abate. So now we have to dispose of this appeal to the extent of Sugriv Singh accused-appellant.

(3.) I have heard the learned counsel for the accused-appellant Sugriv Singh who is in custody and the learned A.G.A.