Janga Lohar & ANR
Vs. State of U.P.  INSC 2126 (10 December 2008)
JURISDICTION CRIMINAL APPEAL NO.106 OF 2001 Janga Lohar (Dead) & Anr.
...Appellant(s) Versus State of Uttar Pradesh ...Respondent(s) O R D E R Heard
the learned counsel.
Trial Court convicted
the two appellants along with Ram Auwtar and Dau Pandey under Section 395 of
the Indian Penal Code, 1860, and sentenced them to undergo rigorous
imprisonment for a period of seven years. On appeal being preferred, High Court
upheld the conviction. Challenging their conviction, the two appellants filed
this appeal by special leave.
During the pendency
of this appeal, Appellant No.1 Janga Lohar died; as such, appeal filed by him
abated. So far as Appellant No.2, Hira Lohar, is concerned, it appears from the
record that he has remained in custody for a period of about two years. In the
facts and circumstances of the case, we are of the view that it would be just
and expedient in case the sentence of imprisonment awarded against him is
reduced to the period already undergone by him.
Accordingly, it is directed that the appeal filed by Janga Lohar abated and is
disposed of as such. So far as the appeal filed by accused Hira Lohar is
concerned, the same is allowed in-part and, while upholding the conviction,
sentence of imprisonment awarded against him is reduced to the period already
undergone by him.
Appellant No.2, who
is on bail, is discharged from the liability of bail bonds.