VIVEK VARMA, J. - (1.) By the judgment impugned dated 13th January, 1983 passed by II Additional Sessions Judge, Hamirpur the accused-appellants were held guilty for an offence punishable under Section 302 read with Section 149 Indian Penal Code. The accused-appellants Kallan Singh, Kunwar Bahadur Singh, Ram Autar and Baij Nath were also convicted for an offence punishable under Section 148 Indian Penal Code. Likewise, the accused-appellants Ram Vishal, Debi Dayal, Ram Swarup, Beni, Sanehi and Sukhdev were convicted for an offence punishable under Section 147 Indian Penal Code. The trial court against the conviction as above, awarded sentence to the accused appellants as follows:- (1) Accused Kallan Singh, Kunwar Bahadur Singh, Ram Swarup, Sanehi, Beni, Sukhdeo, Ram Vishal, Debi Dayal, Ram Autar and Baijnath are sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with Section 149 Indian Penal Code. (2) Accused Kallan Singh, Kunwar Bahadur Singh, Ram Autar and Baijnath are further sentenced to undergo rigorous imprisonment for a period of two years for the offence of rioting punishable under Section 148 Indian Penal Code. (3) Accused Ram Vishal Singh, Debidayal, Ram Swarup, Beni, Sanehi and Sukhdeo are further sentenced to undergo rigorous imprisonment for a period of one year for the offence of rioting punishable under Section 147 Indian Penal Code. The sentences shall run concurrently.
(2.) During pendency of the appeal, all the accused-appellants except Kallan Singh, Ram Swarup and Debi Dayal have died and as such the appeal has already been abated qua them.
(3.) In brief, factual matrix of the case is that on 9th January, 1978 at about 8.30 pm a first information report was lodged at Police Station Khanna, District Hamirpur at the instance of one Sri Radhey Shyam (PW2) for commission of an offence by the accused appellants under Sections 302/149, 147, 148 Indian Penal Code.;