M.C.Jain, J. - (1.) Three persons, namely, Rameshwar, Lotan and Suraj Pal were tried in Sessions Trial No. 413 of 1979 before the III Additional Sessions Judge, Aligarh. By the impugned judgment, all of them came to be convicted under Section 302 read with Section 149 I.P.C. with a sentence of life imprisonment for having murdered one Rajendra and under Section 307 read with Section 149 I.P.C. with a sentence of 7 years' rigorous imprisonment for having injured Gyanendra. Rameshwar and Lotan were further convicted under Section 148 I.P.C. with sentence of two years' rigorous imprisonment passed against each of them while Suraj Pal was convicted under Section 147 I.P.C. with sentence of one year's rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) Suraj Pal filed Criminal Appeal No. 581 of 1981 whereas Criminal Appeal No. 673 of 1981 has been filed by the other two appellants Rameshwar and Lotan. Suraj Pal died during the pendency of appeal and as such his appeal abated under order 12.3.2004.
(3.) The other Criminal appeal No. 673 of 1981 filed by the appellants Rameshwar and Lotan is the subject matter of the present decision.;