Surendra Vikram Singh Rathore, J. - (1.) Mr. O.P. Tewari, learned counsel for the appellants, and Mr. Umesh Verma, learned AGA for the State, assisted by Mr. Hemant Kumar Pandey, Advocate, were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 07.06.2006 passed by Additional Sessions Judge/Fast Track Court No. 3, Hardoi, in Sessions Trial No. 312 of 2003 arising out of Case Crime No. 232 of 2001, Police Station Harpalpur, District Hardoi and Sessions Trial No. 313 of 2003 arising out of case Crime No. 234 of 2001, Police Station Harpalpur, District Hardoi, whereby all the appellants were convicted and sentenced as under: - - "(a) Under Sec. 302/34 IPC - Imprisonment for life and fine of Rs. 5,000/ - each with default stipulation of six months' additional imprisonment. (b) Under Sec. 324/34 IPC - Two years' rigorous imprisonment. Accused Rajja @ Rajendra Singh was also convicted for the offence under Sec. 404 IPC and was sentenced with three years' rigorous imprisonment. He was further convicted under Sec. 411 IPC and was sentenced with two years' rigorous imprisonment. He was also convicted under Sec. 25 of the Arms Act with two years' rigorous imprisonment and fine of Rs. 1,000/ - with default stipulation of three months' additional imprisonment." All the sentences were directed to run concurrently.
(3.) In this case, during pendency of the appeal, appellant Kare @ Mahendra Singh had expired and because of his death, appeal against him was abated vide our order dated 20.01.2016.;