(1.) Eight appellants have filed this appeal against the judgment of conviction and sentence recorded in Session Trial No. 32 of 1977 on 29-10-1977 by Second Additional Sessions Judge, Morena.
(2.) During the pendency of the appeal, appellants Triloksingh, Hariram Rahman, Hakimsingh and Majju alias Majbootsingh have died; therefore, their appeal stands abated, and, the appeal of only three appellants namely, Khalaksingh, Rameshwar and Mataprasad, survives.
(3.) The brief facts leading to this appeal are thus: In all, nine accused persons were tried for offences under Ss. 395, 396 and 397 read with S. 149, IPC, for committing a dacoity with murder of one Kalia, the husband of Hasina (PW 16), in the intervening night of 30th and 31st Oct. 1976, in village Alapur, Tahsil Jaura, District Morena. Accused Majju alias Majbootsingh and Mataprasad were also tried under Ss. 25 and 27 of the Arms Act for possessing unlicenced 12 bore Kattas which were used at the time of committing dacoity, as a consequence of that Kalla died. The acquitted accused Rajeshkumar was charged under Ss. 395, 396 read with S. 109, I.P.C.