Mrs. Rekha Dixit, J. - (1.) - This appeal assails the correctness of the judgment dated 31 January, 1983 passed by V Additional Sessions Judge, Bareilly, in State of U.P. v. Amir Singh and Others , the Sessions Judge has convicted the appellant-accused Amir Singh and sentenced him to undergo life imprisonment under Section 302 I.P.C., four years rigorous imprisonment under Section 307 read with Section 34 I.P.C., accused Kashmir Singh and Santokh Singh were sentenced to undergo imprisonment for life under Section 302 I.P.C. read with Section 34 I.P.C. and four years rigorous imprisonment under Section 307 I.P.C. read with Section 34 I.P.C. respectively.
(2.) The appellant-accused no.2 Kashmir Singh, son of Santosh Singh, died due to illness on 12 February, 2008 and appellant-accused no.3 Santokh alias Santosh Singh son of Harnam Singh died in an accident on 12 January, 1999, as per the report submitted by C.J.M. Rampur dated 01.12.2016 in pursuance of report of Police Station-Milakpur, District-Rampur dated 28.09.2016 which is on record and has been received by the Registrar General in compliance of this Court order dated 29.11.2016, through FAX on 02.12.2016 and it further appears from the police report of the Police Station Meerganj, District Bareilly dated 14.10.2016 an original copy of which has also been supplied by the learned A.G.A., Vikas Sahai is also on record, according to which also, the said two appellants have died. Therefore, the appeal against appellant no.2 Kashmir Singh and appellant no.3 Santokh alias Santosh Singh stands abated, accordingly.
(3.) Now, we proceed with the appeal of appellant no.1 Amir Singh.;