KISHAN & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment and order dated 31.3.1983 passed by IV Additional Sessions Judge District Ballia convicted and sentenced the appellants nos.1,2 & 3-Shri Kishan, Mahabir and Shanker (son of Piyari) as follows:-

(2.) The appellants-accused nos.4 to 18 viz. Radha, Shyam Lal, Dashrath, Ramashrya, Sheo Karan, Shiv Bachan, Sobaran, Shanker son of Bhajan, Lallan, Bhagwan, Mangru, Salab, Jawahir, Parma and Pothiraj were also convicted under Sections 147, 323/149, 324/149 and 325/149 IPC but having regard to their age and the antecedents and the circumstances in which the offence was committed, the learned IV Additional Sessions Judge, Ballia released them on probation of good conduct. Instead of sentencing each of the appellants nos. 4 to 18 to any punishment, learned IV Additional Sessions Judge, Ballia, directed them (appellants nos.4 to 18) to be released on their entering into a bond of Rs.500/- with two sureties for keeping peace and being a good behaviour for a period of one year and to appear and receive sentence when called upon during this one year.

(3.) During the pendency of the appeal it was brought to the notice of the Court that appellant no.13-Bhagwan, appellant no.15-Salab and appellant no.18-Pothiraj have expired and the appeal on their behalf stands abated vide order dated 16.9.2016.