Rajul Bhargava, J. - (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:- (i) Under Section 148 IPC 15 days rigorous imprisonment, (ii) Under Section 324 IPC 15 days rigorous imprisonment and with a fine of Rs.1000/- each and in default of payment of fine each of them were ordered to undergo rigorous imprisonment for six months. (iii) Under Section 323 IPC read with Section 149 IPC each of them was ordered to pay a fine of Rs.50/- and in-default of payment of fine each of them was ordered to undergo rigorous imprisonment for one week. (iv) Under Section 325/149 IPC to undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently.
(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.;