1. The instant criminal appeal has been directed against the judgment and order of conviction and sentence dated 28.02.1989 passed by the Special Judge (Dacoity Affected Area), Hamirpur, in Special Case No.137 of 1986, State Vs. Jagram and others, arising out of Case Crime No.23 of 1986, under Sections 302, 394, 201 and 411 IPC, Police Station Maudaha, District Hamirpur whereby appellant no.1 Jagram has been sentenced to imprisonment for life under Section 302 IPC, ten years rigorous imprisonment under Section 394 IPC, three years rigorous imprisonment under Section 201 IPC, whereas, appellant no.2 Patak Singh has been sentenced to three years rigorous imprisonment under Section 411 IPC. Sentences awarded against appellant no.1 Jagram have been directed to run concurrently.

2. It is noteworthy that in this case appellant no.2, Patak Singh was sentenced to undergo three years rigorous imprisonment under Section 411 IPC, which sentence he has suffered in its entirety and has remained in jail for 3 years, 8 months and 12 days. In the wake of above, he is not in custody at present.

3. Heard Sri B. Mallik, Senior Advocate assisted by Sri J.P. Tripathi, learned counsel for appell