- (1.) State of U.P. has filed Govt. Appeal No.952 of 1985, State of U.P. Vs. Karan Jit Singh alias Ladi and others, under section 378, Cr.P.C. whereby validity of judgment and order dated 12.12.1984 passed by Shri Uma Shankar Gupta, District and Sessions Judge, Bareilly in S.T. No.37 of 1984 has been challenged. By the impugned judgment and order respondent/accused Karan Jit Singh was acquitted of the offences punishable under sections 302/34, 307/34, 323/34, IPC whereas respondent nos.2 & 3 Smt. Sheelwanti and Smt. Bhagwant Kaur were acquitted of the offences punishable under sections 302/34 and 307/34, IPC. though these two respondents were convicted under section 323, IPC and sentenced to pay Rs.200/- each, failing which they were directed to suffer one month's rigorous imprisonment.
(2.) Criminal Appeal No.3250 of 1984 has been directed against the same judgment and order dated 12.12.1984 whereby the accused-appellant Balwant Singh was convicted under sections 302/307/323, IPC and sentenced to undergo imprisonment for life, 7 years R.I. and a fine of Rs.200/- and in default further to undergo one month's R.I. respectively. Rest two appellants were convicted under Section 323, IPC and sentenced to pay a fine of Rs.200/- each and in default thereof to undergo one month's R.I.
(3.) At the very outset, it would be appropriate to put on record that the accused Karanjeet Singh alias Ladi, Smt. Sheelwanti, wife of Balwant Singh, and Balwant Singh have all died which stands recorded in our order dated 20.3.2015 passed on the application of Bhagwant Kaur dated 20.3.2015 moved through Sri Shiv Shanker Gupta, the learned amicus curiae, which facts have not been disputed by the learned Addl. Government Advocate. It may be placed on the record that Balwant Singh died in September 1993, Karanjeet Singh alias Ladi died on 2.3.1993 and Smt. Sheelwant died in August, 1993. In the aforesaid background, the appeals stand abated against the aforesaid accused who have died. Consequently, the appeal only on behalf of Bhagwant Kaur and against her by the State survives.;