Om Prakash, J. - (1.) The present criminal appeal has been preferred by the accused appellants namely, Shiv Prasad, Mewa Lal, Bhoora, Vishwanath, Rajesh Kumar, Sukhram, Shivraj, Ram Gopal, Ramesh Chandra and Ram Prasad against the judgement and order dated 25.2.1988 passed by V Additional Sessions Judge, Fatehpur in Sessions Trial No. 379 of 1985 (State Versus Shiv Prasad and Others), Police Station Jafarganj, District Fatehpur convicting and sentencing the accused appellants for the offence punishable under Sections 147, 323/149 IPC to undergo six months simple imprisonment. However, the sentences awarded to the accused appellants namely Ramesh Chandra, Ram Gopal and Ram Prasad were suspended for two years subject to their furnishing a personal bond of Rs.2000/- with two sureties of the like amount to the satisfaction of the court concerned with the condition that they shall maintain peace and be of good behaviour and they shall appear and receive sentence as and when called upon during the aforesaid period of probation.
(2.) In this appeal, out of ten accused-appellants, accused-appellants no.3, 6, 7 & 8 namely, Bhoora, Sukhram, Shivraj and Ram Gopal were reported to have died pending appeal so appeal has been ordered to have abated in respect of appellants Bhoora, Sukhram, Shivraj and Ram Gopal vide order dated 17.4.2017. Thus, the appeal is being decided in respect of accused-appellants Shiv Prasad, Mewa Lal, Vishwanath, Rajesh Kumar, Ramesh Chandra and Ram Prasad only.
(3.) Facts giving rise to the present appeal may be summarized as under.;