- (1.) Heard Sri Akhilesh Srivastava, learned counsel for the appellants and learned A.G.A. for State.
(2.) This criminal appeal has been preferred against Judgement and order dated 21.04.1989 passed by learned Vth Additional Sessions Judge, Mathura, in Session Trial No. 81 of 1988 under Sections 147 , 148 , 323 , 325 , 304 I.P.C., Police Station Raya, District Mathura, whereby accused-appellant No.1-Devi Singh has been under Section 147 , 323 / 149 and 304 Part II IPC and accused-appellant Nos. 2 to 5 namely, Aidal Singh, Vijay Singh, Mahendra Singh and Mohan Singh respectively have been convicted under Section 147 , 323 / 149 IPC. Accused-appellant Devi Singh was sentenced to undergo rigorous imprisonment of six months under Section 147 IPC, rigorous imprisonment of three months under Section 323 / 149 IPC and rigorous imprisonment of five years under section 304 Part-II IPC. Accused-appellant Nos. 2 to 5 Aidal Singh, Vijay Singh, Mahendra Singh and Mohan Singh were released on Probation of good conduct. However, accused-appellant no.1 Devi Singh was acquitted for the offence under Section 325/149 I.P.C and rest of the accused-appellants were also acquitted under Sections 325/149 and 304 Part II/149 I.P.C.
(3.) During the pendency of the instant appeal, accused-appellant Nos.1 and 4 namely, Devi Singh and Mahendra Singh respectively passed away thus, their appeal was abated. Now the instant appeal is confined only in respect of appellant Nos. 2, 3 and 4 namely, Aidal Singh, Vijay Singh and Mohan Singh respectively.;