(1.) By this common judgment, Cr.A. No.687 of 2010 filed by Kedar Singh and Cr.A. No.691 of 2010 filed by Bharat Singh, Devaram, and Rampreet shall be decided.
(2.) It is not out of place to mention here that co-accused Surajbhan absconded during trial. Two witnesses, i.e., Bhanupratap (P.W.1) and Ajab Singh (P.W. 2) were examined in his presence, but thereafter he absconded and could be arrested only after the co-accused persons namely Kedar Singh, Ramhet, Bharat, Devaram and Rampreet were convicted. His trial resumed and the remaining witnesses were re- examined. In the light of the judgment passed by Supreme Court in the case of K.T. Mydeen Vs. The Asstt. Commissioner, Department of Customs, decided on 29/12/2021 in Cr.A. No.1306 of 2021, his Criminal Appeal No.6213 of 2021 has also been heard simultaneously, but in order to avoid any confusion regarding evidence led in the Trial of accused persons, his appeal shall be decided by a separate judgment.
(3.) Further, a report was also received from the office of Superintendent of Central Jail, Gwalior that Ramhet, Appellant No. 2 in Cr.A. No.687 of 2010 has expired on 19/3/2019 during his treatment in J.A. Hospital, Gwalior, accordingly by order dated 11-1- 2022, his appeal has been dismissed as abated.
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