Krishna Pratap Singh, J. - (1.) Heard Sri Shiv Nath Singh and Sri Satish Trivedi, learned counsel for the appellants and Sri Chandra Jeet Yadav, learned A.G.A. for the State and perused the judgment and order as well as record of the present case.
(2.) This appeal by nine appellants-accused herein namely Chandrapal, Shyam Pal, Rukum, Chaukhey Yadav, Sallu @ Saktey, Rampal, Jadu Nath, Siyaram and Ved Ram is directed against the impugned judgment of conviction and order of sentence dated 24.02.1986, whereby IInd Additional Sessions Judge, Shahjahanpur has convicted the appellants-accused Chandrapal, Shyam Pal, and Ved Ram for the offence under Section 148 I.P.C. and sentenced them to serve one year rigorous imprisonment each and appellants-accused Rukum, Chaukhey Yadav, Sallu @ Saktey, Rampal, Siyaram and Jadu Nath have been convicted for the offence under Section 147 I.P.C. and sentenced them to serve six months rigorous imprisonment each. Each one of the aforesaid nine appellants-accused have also been convicted for the offence under Section 302 I.P.C. and sentenced them to serve life imprisonment. They have also been convicted for the offence under Section 307 I.P.C. and sentenced them to serve six years rigorous imprisonment each. They have also been convicted under Section 323 I.P.C. read with Section 149 I.P.C. and sentenced them to serve two months rigorous imprisonment recorded in Session Trial No. 444 of 1985 (State vs. Chandrapal and Others) and Session Trial No. 470 of 1985 (State vs. Ved Ram). The case of the appellant-accused Ved Ram was separately committed to the Court of Sessions by the learned Magistrate and which was consolidated with the leading Session Trial No. 444 of 1985. The learned trial Court has further directed that all the aforesaid sentences of each of the appellants-accused shall run concurrently.
(3.) It is relevant to mention here that during the pendency of the appeal the appellants-accused namely Chaukhey Yadav, Rampal, Siyaram and Chandrapal had died. Accordingly, vide orders dated 22.12.2016 and 08.03.2017 this Court has abated the appeal in respect of the appellants-accused Chaukhey Yadav, Rampal, Siyaram and Chandrapal.;