Surendra Vikram Singh Rathore, J. - (1.) Mr. Nagendra Mohan, learned counsel for the appellants and Mr. Umesh Verma, learned Additional Government Advocate were heard at length.
(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 30.03.1982 passed by learned II Additional Sessions Judge, Hardoi, in Sessions Trial No. 174 of 1981, Police Station Shahabad, District Hardoi whereby all the four appellants were convicted and sentenced as under: - Appellant Chhotey Lal was convicted and sentenced as under: - (i) Under Sec. 452 IPC - Four years Rigorous imprisonment with fine of Rs. 1000/ -. (ii) Under Sec. 302 IPC - Imprisonment for life with fine of Rs. 1000/ -. (iii) Under Sec. 307/34 IPC - Five years' Rigorous imprisonment. In default of payment of fine, he will undergo further simple imprisonment for a period of six months. All the sentences were directed to run concurrently. Appellant Moti was convicted and sentenced as under: - (i) Under Sec. 452 IPC - Four years Rigorous imprisonment with fine of Rs. 1000/ -. (ii) Under Sec. 302/34 IPC - Imprisonment for life. (iii) Under Sec. 307 IPC - Five years' Rigorous imprisonment. In default of payment of fine, he will undergo further simple imprisonment for a period of six months. All the sentences were directed to run concurrently. Appellant Ram Murti and Shukul were convicted and sentenced as under: - (i) Under Sec. 452 IPC - Four years Rigorous imprisonment with fine of Rs. 1000/ - each. (ii) Under Sec. 302/34 IPC - Imprisonment for life each. (iii) Under Sec. 307/34 IPC - Five years' Rigorous imprisonment each. In default of payment of fine, they had to undergo additional simple imprisonment for a period of six months. All the sentences were directed to run concurrently.
(3.) During pendency of the instant appeal, appellant No. 1 Chhotey Lal, appellant No. 2 Ram Murti and appellant No. 4 Moti expired. Hence, the appeal so far as it relates to appellants Nos. 1, 2 and 4 was abated vide our order dated 24.11.2015. At present only appellant No. 3 Shukul is before us.;