Rajeev Misra, J. - (1.) The present criminal appeal arises out of the judgment and order dated 12.1.1984, passed by the Special Judge, Essential Commodities (Special Provisions) Act, 1981 Banda, in Sessions Trial No. 344 of 1979 (State Vs. Ram Autar and three others), whereby the accused appellant no. 1 Ram Autar, along with the accused appellant no. 2 Ram Deen, were convicted under Section 302 IPC read with Section 34 IPC. Each of the aforesaid accused were sentenced to undergo imprisonment for life. They were further convicted under Section 201 IPC, and each of them were sentenced to undergo rigorous imprisonment for a period of seven years. Accused appellant no. 3 Rameshwar, along with accused appellant no. 4 Gulab, were convicted under Section 302 IPC read with Section 109 IPC, and each of them were sentenced to undergo life imprisonment. They were further convicted under Section 202 IPC, and each of them were further sentenced to undergo rigorous imprisonment for a period of six months. The sentence awarded to each of the accused appellants were to run concurrently.
(2.) From the record, it transpires that the present criminal appeal was filed by the above mentioned four accused appellants on 17.1.1984. They were enlarged on bail during the pendency of the present criminal appeal vide order dated 8.3.1984. However, on account of the death of the accused appellant no. 3 Rameshwar, on 23.1.2014 and accused appellant no. 4 Gulab, on 21.2.2016 the appeal stood abated against these two appellants vide order dated 11.12.2006. Thus the present Criminal Appeal survives only in respect of the accused appellant no. 1 Ram Autar, and the accused appellant no. 2 Ram Deen.
(3.) Sri Rajeev Lochan Shukla assisted by Sri Amber Khanna and Sharda Prasad Mishra, learned counsel for the accused-appellant nos. 1 and 2 and Sri Rajiv Sharma, learned A.G.A. appearing on behalf of the State were heard at length.;