LAJJA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Through this appeal Lajja Ram, Pramod Kumar, Virendra Singh, Shiv Prakash Singh, Narendra Singh, Bechey Lal, Khansu, Rampal and Lalji challenge the judgment and order dated 2.11.1982, passed by II Additional District &;Sessions' Judge, Sitapur, in Sessions' Trial No. 71 of 1982, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sec. 302/149 IPC. In addition Lajja Ram, Pramod Kumar, Virendra Singh and Bechey Lal have been convicted and sentenced to undergo one years' R.I. for the offence punishable under Sec. 148 I.P.C. and Narendra Singh, Shi s Prakash Singh, Lalji, Rampal and Khansrp to six months' R.I. for the offence punishi able under Sec. 147 IPC. The sentences of the appellants have been directed to run concurrently. During the pendency of the appeal, appellants Lajja Ram, Bechey Lal, Khansu, Rampal and Lalji were reported to be dead. Consequently a report was called from the Chief Judicial Magistrate, Sitapur, who has reported that the said appellants are dead. In view of their death, the appeal preferred by them would abate, in terms, of Sec. 394 Cr.P.C.

(2.) Shortly stated, the prosecution case runs as under:

(3.) The evidence of Head Moharrir Ram Sarna Shukla PW-10 shows that on 14.8.1981, at about 4.45 P.M., Ashok Kumar lodged the written FIR at police station Misrikh, on the basis of which he prepared the chik FIR. (Ext. Ka-4). It is pertinent to mention that a perusal of the chik FIR shows that the distance between the place of the incident and police station Misrikh was eight kilo meters. It is relevant to point out that in the FIR, the nine appellants are nominated and on the basis of the FIR a case under sections 147/148/379/302/149 I.P.C. was registered against them.