- (1.) The present criminal appeal and connected appeals no. 3176 of 1983 and 3177 of 1983 have been preferred against the judgement and order of conviction and sentence dated 17.12.1983 passed by IIIrd Additional Session Judge, Farrukhabad in S.T. No. 319 of 1980 (State Vs. Jagdeo and 3 Others) arising out of Case Crime No. 529 of 1978, under Section 396 I.P.C., hence all the appeals are being considered jointly.
(2.) However, since appellant no. 1 Ram Pal in the present appeal and appellants Jegdeo and Nand Ram in the connected appeals died hence appeal in respect of them stands abated vide order dated 09.08.2016. The present appeal survives only on behalf of sole appellant no. 2 Ram Bhajan. Appellant Jagdeo, Ram Bhajan and Nandram were convicted and sentenced under Section 396 I.P.C. for 5 years rigorous imprisonment with fine of sum of Rs. 2,000/- and in-default 6 months further rigorous imprisonment, accused-appellant Ram Pal was convicted under Section 396 I.P.C. for life imprisonment.
(3.) Mr. Sanjeev Kumar Trivedi, learned Advocate appeared on behalf of appellant and Mr. Virendra Singh Yadav, learned A.G.A. appeared on behalf of State.;