- (1.) This criminal appeal has been filed on behalf of five appellants namely Babu Ram, Shiv Ram, Siya Ram, Radha Krishna and Ram Krishna. Appellant No. 1 Babu Ram and appellant No. 4 Radha Krishna have died and, therefore, appeal with regard to them has already been abated. Presently the appeal survives only with regard to appellants No. 2, 3 and 5 namely Shiv Ram, Siya Ram and Ram Krishna.
(2.) The impugned judgement and order dated 27.04.1982 was passed by Additional District & Sessions Judge-VIII, Etawah whereby after holding them guilty, the accused Babu Ram was sentenced to undergo two years R.I. under section 324 IPC, six months R.I. under section 323/149 IPC, one month R.I. under section 426 IPC and one year R.I. under section 148 IPC. Accused Shiv Ram was sentenced to undergo six months R.I. under section 323 IPC, two years R.I. under section 324/149 IPC, one month R.I. under section 426 IPC and six months R.I. under section 147 IPC. Accused Siya Ram, Ram Krishna and Radha Krishna were held guilty but they were released on a probation of two years being the first offenders after taking two sureties for each. It was also ordered that in case of default of not filing the surety bonds accused Siya Ram, Radha Krishna and Ram Krishna shall undergo six months R.I. under section 323 IPC, two years R.I. under section 324/149 IPC and one month R.I. under section 426 IPC and also six months R.I. under section 147 IPC.
(3.) Today when the case has been called out, none has appeared on behalf of the appellants even in the revised call.;