Surendra Vikram Singh Rathore, J. - (1.) Heard Mr. Bhagwati Prasad Nigam, learned counsel for the appellants, Ms. Madhulika Yadav, learned A.G.A. for the State and perused the lower court record.
(2.) Under challenge in the instant appeal is the judgment and order dated 9.1.1984 passed by IVth Additional Sessions Judge, Hardoi in Sessions Trial No. 67 of 1982 arising out of Case Crime No. 124 of 1981, Police Station Harpalpur, District Hardoi whereby all the fourteen accused persons were convicted and sentenced as under: - - "(i) Under Sec. 302 read with Sec. 149 I.P.C. imprisonment for life. (ii) Under Sec. 307 read with Sec. 149 I.P.C. rigorous imprisonment for a period of four years. (iii) Under Sec. 324 read with Sec. 149 I.P.C. rigorous imprisonment for a period of one year. (iv) Under Sec. 452 read with Sec. 149 I.P.C. rigorous imprisonment for a period of one year." For the offence under Sec. 323 read with Sec. 149 I.P.C., all the accused persons were acquitted. All the sentences were directed to run concurrently.
(3.) During pendency of the instant appeal, appellant No. 1 -Yaduvir, appellant No. 3 Sewa Ram, appellant No. 4 Atam Ram, appellant No. 5 Khusi Ram, appellant No. 6 Ram Kumar, appellant No. 9 Babu Ram, appellant No. 10 Kishan and appellant No. 12 -Saidu have expired, therefore, the appeal so far as it relates to them, was abated. Now surviving appellant No. 2 Ram Autar, appellant No. 7 Siya Ram, appellant No. 8 Radhey Shyam and appellant No. 11 Ashok are before us.;