Bala Krishna Narayana, Arvind Kumar Mishra, JJ. - (1.) The arguments of this appeal concluded on 14.09.2016. Following order was passed by us on that date: Heard Shri Viresh Mishra, Senior Advocate assisted by Shri Sandeep Kumar Dubey, learned counsel appearing on behalf of the appellants and Shri A.N. Mulla, learned AGA for the State. We will give reasons later but we make the operative order now. The appeal is allowed. The impugned judgment and order dated 2.5.1983 passed by the Vth Additional Sessions Judge, Aligarh in Sessions Trial No. 415 of 1980, arising out of Case Crime No. 6 of 1980; State v. Shree Pal and others , convicting the appellants, Shree Pal and Girraj under Sections-147, 307/149 and 324/149 I.P.C. and sentencing them to one year's R. I. on the first count, seven years' R. I. on the second count and two years' R. I. on the third count respectively is hereby set aside. The appellants Shree Pal and Girraj are acquitted of all the charges framed against them. Since the appellants are on bail, their bail bonds are cancelled and their sureties discharged. There shall be no order as to cost. Here are the reasons:-
(2.) The instant Criminal Appeal was initially preferred by five accused persons but was maintainable at the instance of first four appellants Shree Pal, Girraj, Rukum Pal and Bhudeo while Sheoraj Singh-appellant no.5 was declared juvenile by the trial court and accordingly he was not sent to jail but appropriate orders were passed for maintaining good behaviour for three years, under the supervision of concerned Information/Probation Officer, Aligarh, therefore, the present appeal is confined only in respect of aforesaid four appellants.
(3.) Appropriate to mention that during the course of appeal the other two accused persons-namely, Rukum Pal and Bhudeo expired, therefore, their appeal stood abated against them vide order of this Court dated 27.7.2016. Now we are left with merit of only two appellants Shree Pal and Girraj.;