HARNAM SINGH ORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed by the accused under sec. 374 of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 26/08/1998 passed by 1st Additional Sessions Judge, Ambikapur (M.P.) now (C.G.) in Special Case No. 5/85; whereby the appellants Harnam Singh Ore and Krishna Pratap Singh stand convicted and sentenced as under:-

(2.) This appeal is filed by appellants accused Harnam Singh and Krishna Pratap Singh both are tried for offence under sec. 409 of IPC and under Sec. 33 and 34 of Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 and both accused alongwith accused Chandrashekhar Prasad, Sadhucharan, Parasnath Singh and Nanhe Singh were also tried for that same offence. During trial Parasnath Singh and Nanhe Singh died and after conviction Chandrasekhar Prasad and Sadhucharan both accused person were filed separate appeal against the conviction and sentence passed by Ist Additional Session Judge, Ambikapur, District Surguja (M.P.) in Special Case No. 5/85 judgment passed on 26/08/1998. As per the judgment of the trial Court accused Harnam Singh, Krishna Pratap Singh, Chandrashekhar Prasad and Sadhucharan all four are convicted for offence under sec. 409 of Indian Penal Code and under Sec. 33 and 34 of Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 convicted.

(3.) Chandrashekhar Prasad after conviction filed appeal i.e. Criminal Appeal No. 2634/1998, during pendency of appeal appellant Chandrashekhar Prasad died, therefore, as per the order passed by Co-ordinate Bench on 18/06/2014 due to death of the appellant, appeal stands disposed of as abated. Similarly, the Sadhucharan also filed an appeal i.e. Criminal Appeal No. 2091/1998 Sadhucharan Vs/ State of M.P. and during pendency of appeal Sadhucharan died on 09/10/2003. Accordingly, vide order dtd. 25/04/2014 the appellant preferred by Sadhucharan was dismissed as abated. In the instant appeal, Krishna Pratap Singh also died on 03/08/2004, therefore, this appeal filed by Krishna Pratap Singh is also abated as per order passed dtd. 13/05/2014.