Jagpal Dhaka and Rajbir have preferred this appeal against judgment and order dated 21-4-80 passed by learned Sessions Judge, Ghaziabad in Session Trial No. 181 of 1978, State v. Jagpal Dhaka and two others, by which Jagpal has been convicted under Sections 394, 397, 302 I. P. C. and has been sentenced to undergo rigorous imprisonment of 5 years, 7 years and life imprisonment respectively. Rajbir has been convicted under Sections 394, 397, 302 read with 34 I. P. C. and Section 324 I. P. C. and has been sentenced to undergo rigorous imprisonment of 5 years, 7 years, life imprisonment and 2 years respectively. The sentences are to run concurrently.

2. Jagpal Dhaka, Rajbir, Ravindra and Ranvir were facing trial before the Sessions Judge. Ranvir died when the trial was pending before Sessions Judge and Ravindra died during pendency of the connected appeal No. 1080/80. Therefore, case stood abated against Ranvir and Ravindra.

3. In this case Prem Prakash P. W. 5 lodged F. I. R. against Jagpal Dhaka, Rajbir, Ravindra and Ranvir on 23- 5-78 at 11. 20 p. m. at police station Modinagar, district Ghaziabad for committing murder of Rajendra, son of informant and causing injurie