- (1.) CHALLENGE in this appeal is to the judgment and order dated 20.11.1982 passed by Sri Gaya Prasad, the then V Addl. Sessions Judge, Mirzapur in S. T. no. 286 of 1981, whereby the aforesaid accused -appellants were acquitted for the offence punishable u/s 307/34 IPC. However they had been convicted u/s 324 read with section 34 IPC and each had been sentenced to undergo rigorous imprisonment for one year.
(2.) ON account of death of appellant no. 2 Ram Raj Singh, his appeal stood abated vide order of the Court dated 12.5.2014.
(3.) DURING the course of arguments on 31.10.2014, on the statement of the learned counsel for the appellants, following order was passed: "The learned counsel for the appellants have not pressed the appeal on merits. They have submitted that the incident had taken place about 33 years ago, both the appellants no. 1 and 3 are now elderly person and not previous convict. They have served imprisonment for sometime during trial, so it would not be in the interest of justice to send them to jail now to serve out the remaining part of the sentence. Therefore, the Court may take a lenient view in the matter of quantum of sentence and may impose adequate fine which will not be treated as enhancement of sentence." In order to appreciate the above arguments, a bare look is required on the facts of the case as also the evidence adduced during trial.;