- (1.) The present appeal has been preferred on behalf of the appellants assailing the judgement and order of conviction and sentence dated 26.9.1981 passed by II Additional Sessions Judge, Gonda in Sessions Trial No. 192 of 1979 arising out of Case Crime No. 58 of 1979, P.S. Katra Bazar, District Gonda by which the accused-appellants Ram Nath Ayodhya and Ram Milan were convicted u/s 148 IPC and sentenced to 2 years R.I. each, accused-appellants Chhedi Ram, Lakhan, Mahadeo, Sunder and Shanker were convicted u/s 147 IPC and sentenced to 1 year R.I. each. All the appellants were convicted and sentenced to life imprisonment u/s 302/149 IPC. They were further sentenced to 1 year R.I. each u/s 323/149 IPC with the direction that all the sentences shall run concurrently.
(2.) The F.I.R. was lodged against nine persons out of which appellant no. 9 Smt. Munni Devi was acquitted. The appeal was preferred by all the aforesaid eight convicted accused-appellants. During pendency of appeal, appellant no. 1 to 5 and 8 died and in respect of them appeal stand abated. Hence, now the present appeal is pending in respect of appellants no. 6 and 7 namely Mahadeo and Sunder.
(3.) Mr. S.M. Nasir and Mr. S.M.Parvez, learned Advocates appeared on behalf of the appellants and Mr. Sharad Dixit, learned AGA appeared on behalf of the State.;