- (1.) Initially three accused, namely, Atan Singh, Jaivir and Ram Bahadur (appellants herein) were committed to Court of Sessions on 16.11.1979 by the concerned Magistrate to stand their trial under Section 326/304 IPC for causing death of one Kaptan Singh. By the Sessions Court, charge was framed under Section 302 read with Section 34 IPC. However, by the impugned judgment and order dated 5.2.1982, learned Trial Judge, Sri P.C. Agarwal, VI, Additional Sessions Judge, Etah recorded conviction against all the three accused appellants under Section 326 IPC sentencing each of them to undergo rigorous imprisonment (RI) for seven years.
(2.) From the record it appears that appellants Autan Singh and Jaivir having already died, their appeal stood abated vide this Court's order dated 3.10.2007. Thus the appeal survives only in respect of appellant no. 3 Ram Bahadur.
(3.) The prosecution story set out in the FIR and emerging from oral and documentary evidence on record runs as under:;