- (1.) Three accused namely, Ram Raksha alias Raksha Ram, Nag Nath and Khelawan alias Ram Khelawan were committed to the Court of Sessions for facing trial under Sections 363, 366, 376, 368 I.P.C. along with other four co-accused,namely, Waheed, Alimullah, Kumare and Muslim. The other four accused Waheed, Alimullah, Kumare and Muslim were not found guilty of offence of which they were charged and consequently they were acquitted. The accused appellants Ram Raksha alias Raksha Ram and Nag Nath were convicted for the offence under Sections 363 and 366 I.P.C. Both were sentenced three and a half years R.I. for each offence under Sections 363 and 366 I.P.C. Both the sentences were to run concurrently. The accused appellant Khelawan alias Ram Khelawan was sentenced three and a half years R.I. for the offence punishable under Section 368 I.P.C.
(2.) During pendency of the present appeal, accused-appellant no.3 Khelawan alias Ram Khelawan died and the appeal was abated as against him by order dated 16.3.2010 on the report of the C.J.M. Gonda. Another accused-appellant no.1 Ram Raksha alias Raksha Ram was also reported to be dead by the C.J.M. Siddharth Nagar and the appeal stands abated as against him by order dated 19.9.2012.
(3.) Heard Shri Tripathi B.G. Bhai, learned counsel for the appellant Nag Nath and learned A.G.A.;