SURENDRA KUMAR,J. - (1.) HEARD Sri Janardan Prasad Tripathi, learned counsel for the appellants and Sri Sangam Lal Kesharwani, learned AGA for the State.
(2.) THIS criminal appeal arises out of judgment and order dated 27.5.1983 passed by IV Additional Session's Judge, Aligarh, in Session's Trial No.66 of 1982, State Vs. Jumma and 13 others (Crime No.192 of 1980) Police Station Sasni, District Aligarh whereby all the fourteen accused persons, Jumma A-1, Yasin A-2, Bunda A-3, Gulsher A-4, Munna A-5, Zafruddin A-6, Amanat A-7, Sher Khan A-8, Ismail A-9, Faqira A-10, Jan Mohammad A-11, Rashid A-12, Babu A-13 and Bhura A-14 were convicted under Sections 302 read with Section 149 IPC and sentenced to imprisonment for life except Faqira A-10. A-1 to A-4 Jumma, Yasin, Bunda and Gulsher were also convicted under Section 148 IPC and sentenced to undergo two years rigorous imprisonment, remaining appellants A-5 to A-14 were convicted under Section 147 IPC and sentenced to undergo two years rigorous imprisonment except Faqira A-10. All the appellants were further convicted under Sections 324 read with Section 149 and 323 read with Section 149 IPC and sentenced to undergo one year rigorous imprisonment and nine months rigorous imprisonment respectively. All the sentences were directed to run concurrently. Appellant No.10 Faqira was found guilty for the offences charged against him, but he was given benefit of Section 30 of U.P. Children's Act as his age was determined to be about 13 years on the date of the occurrence which took place in the year 1980. Appellant Faqira was ordered to execute a personal bond in a sum of Rs.3,000.00 with two reliable sureties in the like amount for his good behaviour for the period of three years and during this period he was directed to be supervised by his father who was made responsible for his good behaviour. Till the execution of bonds, he was directed to be detained in prison as a youthful offender and kept separately from other jail inmates. All the appellants including appellant no.10 have assailed legality and correctness of their aforementioned conviction.
(3.) APPELLANT no.1 to 4 and appellant no.8 to 11 and 13 have died pending consideration of their appeals and hence this appeal in respect of them stood abated.;