SAURABH SHYAM SHAMSHERY,J. - (1.) This criminal appeal was preferred by appellants namely Beni Madhav Singh, Hari Prasad Singh, Vakil Singh, Harey Krishna Singh, Ghanshyam Singh, Vishwanath Singh, Madan Mohan Singh, Ramnath Singh and Maheshwari Singh. During pendency of this appeal, appellants namely appellant no. 2 - Harish Prasad Singh, appellant no.8 - Ramnath Singh and appellant no.9 - Maheshwari Singh died and appeal qua to them, stands abated by order dated 5.1.2018 passed by this Court.
(2.) This appeal is preferred against the judgment and order of conviction and sentence dated 24.9.1982 passed by IV-Additional and Sessions Judge, Basti in S.T. No.285 of 1980. The order of conviction and sentence is reproduced hereinafter :- "Accused - Beni Madhav Singh is convicted u/s 147, 323/149, 325/149 and 436 IPC . He is sentenced to under go six months, R.I. Under the first count, six months R.I. under the second count, two years R.I. under the third count and three years R.I. under the fourth count. The sentence shall run concurrently. Accused Hari Pd. Singh, Vakil Singh alias Shyam Mohan Singh, Harey Krishan Singh, Ghanshyam Singh, Vishwanath Singh, Madan Mohan Singh, Ramnath Singh and Maheshwari Singh are convicted u/s 147, 323/149 and 325/149 IPC . Each of them is sentenced to under go six months R.I. under the first count, six months, R.I. under the second count, and two years R.I. under the third count. The sentences of each of these accused shall also run concurrently. These accused are acquitted of the charge u/s 436/149 IPC ."
(3.) Dr. C.P. Upadhyay, learned counsel appearing on behalf of surviving appellants namely Beni Madhav Singh, Vakil Singh, Harey Krishna Singh, Ghanshyam Singh, Vishwanath Singh and Madan Mohan Singh, at the outset submits that he is not pressing the present appeal on merit and prayed that the sentence awarded to the surviving appellants be modified to the period already undergone. In support of his prayer, he submits that the incident in the present case is dated 23.2.1977 i.e. more than four decades has already lapsed. The only allegation against the appellants was alleged to be setting fire to the thatch of Ghari of PW-1 and to cause injuries on the person of Bageshwari Singh, Bhupendra Nath Singh and Raj Dhari Singh. The appellants were on bail during trial. All the appellants are Senior Citizen and have already served sentence of about two months. They have not committed any other offence during pendency of this appeal. No fruitful purpose would achieve in case the appellants are sent to jail, at this stage.;