Court No. - 47 Case :- CRIMINAL APPEAL No. - 2083 of 1986 Appellant :- Bhagwat Respondent :- State Of U.P.
Counsel for Appellant :- Keshav Sahai Counsel for Respondent :- D.G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Umesh Chandra Tripathi,J.
In view of report of Chief Judicial Magistrate dated 16.7.2018, Bhagwat, Jaswant, Raj Pal, Brij Pal and Mahendra (appellants-1, 2, 3,6 and 7) had died. The appeal is abated for Bhagwat, Jaswant, Raj Pal, Brij Pal and Mahendra (appellants-1, 2, 3, 6 and 7).
Sri Rakesh Dubey appears for Gajraj, Surendra and Shri Pal (appellants-4, 5 and 8 respectively). A perusal of the impugned judgment of Additional Sessions Judge dated 01.08.1986 passed in S.T. No. 58 of 1981, shows that Gajraj, Surendra and Shri Pal (appellants-4, 5 and 8 respectively) were convicted under Sections 147, 323/149, I.P.C. and sentenced for six months' R.I. under Section 147, I.P.C. and six months' R.I. under Section 323 read with Section 149, I.P.C. Both the sentences were directed to run concurrently. The judgment of the court below was passed on 01.08.1986 while the bail was granted to them by order dated 04.08.1986.
The counsel for the appellants submits that the main assailants in the present case had died and appeal against them has been abated and dismissed. So far surviving appellants, namely Gajraj, Surendra and Shri Pal (appellants-4, 5 and 8 respectively) are concerned, they were convicted under Sections 147, 323/149, I.P.C. and sentenced for six months' R.I. under Section 147, I.P.C. and six months' R.I. under Section 323 read with Section 149, I.P.C. Both the sentences were directed to run concurrently. He does not dispute the judgment on conviction. Only on sentence he submits that the surviving appellants be released on the sentence already undergone.
In the result the appeal partly succeeds and is partly allowed. The conviction of Gajraj, Surendra and Shri Pal (appellants-4, 5 and 8 respectively) under Section 147, 323/149, I.P.C. in S.T. No.58 of 1981 (State vs. Bhagwat and others) by Additional Sessions Judge/Special Judge, Meerut passed in the judgment dated 01.08.1986 is upheld while sentence is modified and the appellants Gajraj, Surendra and Shri Pal are released on the sentence already undergone by them. Gajraj, Surendra and Shri Pal are on bail. Their bail bonds are cancelled and sureties stands discharged.
Order Date :- 30.7.2018 mt