Arvind K. Tripathi, J. - (1.) The instant criminal appeal has been preferred against the impugned judgment and order of conviction and sentence dated 16th January, 1894 passed by the 4th Additional Sessions Judge, Azamgarh, in S.T. No. 50 of 1982, P.S. Atraulia, District Azamgarh, State Vs. Phool Chand and six others convicting and sentencing Phool Chand and Randhir for two years rigorous imprisonment under Section 148 I.P.C., imprisonment for life with a fine of Rs. 500/- under Section 302 read with section 149 I.P.C. and six months of R.I. under Section 323/149 I.P.C. In default of payment of fine, each of them to further suffer R.I. for one year. Accused appellant Ram Kishun was sentenced to one year of R.I. under Section 147 I.P.C., life imprisonment with fine for a sum of Rs. 500 under Section 302/149 I.P.C. and six months of R.I. under Section 323/149. In default of payment of fine to further suffer one year of R.I. The further direction was that all the sentences shall run concurrently.
(2.) The Criminal Appeal No. 186 of 1984 was filed on behalf of the accused appellants Ram Kishun and Randhir and connect Criminal Appeal No. 239 of 1984 was filed on behalf of co-accused Phool Chand. Since Ram Kishun and Phool Chand died during pendency of the appeal hence, appeal in respect of Ram Kishun stood abated on 25.1.2017 and appeal of Phool Chand stood abated on 9.3.2017. Now, The Criminal Appeal has to be decided on merit only on behalf of surviving appellant Randhir s/o Balraj.
(3.) Criminal Appeal No. 186 of 1984 filed on behalf of the sole surviving accused-appellant Randhir s/o Bal Raj was admitted on 19.1.1984 and his prayer for bail was also allowed.;