SAURABH SHYAM SHAMSHERY,J. - (1.) This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as " Cr.P.C .") has been filed against judgment and order dated 05.08.1982 passed by Sri G.S.N. Tripathi, First Additional District and Sessions Judge, Bijnor in Session Trial No. 344 of 1981 ( State vs. Mukhram and others ) convicting appellants under Section 365 and 342 IPC and sentencing them to five years and six months rigorous imprisonment, respectively.
(2.) The appeal was initially filed by three accused, namely, Babu Ram, Munna and Ghasita. Fourth accused-Mukhram has filed independent appeal being Criminal Appeal No. 1867 of 1982. As per record, appellant in Criminal Appeal No. 1867 of 1982 has died and appeal has been abated vide order dated 06.05.2016. In the present appeal accused-appellants, Babu Ram and Munna have also died and appeal is abated to them vide order dated 06.05.2016.
(3.) Sri Madan Singh, learned counsel appearing for accused-appellant No. 3, Ghasita, at the outset, did not challenge the findings recorded by Trial Court on conviction but submitted that punishment be reduced to the period already undergone since it is a matter of 1982; more than 38 years have already passed and accused-appellant No. 3, Ghasita, at present is aged about 74 years. It is further submitted that accused-appellant No. 3, Ghasita has already undergone about eight months of sentence and no useful purpose would achieve in case he is sent to jail, at this stage.;