JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – By this common judgment, CRA No. 674/2009 [Gangadeen and others vs. State of Madhya Pradesh] filed by appellant- accused Gangadeen and four others shall also be decided. From the order sheet dated 20-10-2021, it appears that during the pendency of appeal, appellant No. 5 Barelal has expired and the appeal filed on behalf of appellant No. 5 Barelal has been dismissed as abated.

For the sake of convenience, the facts of CRA No. 629/2009 [Vinod vs. State of Madhya Pradesh) shall be taken into consideration, as both are arising out of the same judgment.

2. Both the Criminal Appeals preferred against the judgment of conviction and sentence dated 17-8-2009 passed by First Additional Sessions Judge to the Court of Fifth Additional Sessions Judge, (Fast Track Court) Ambah, District Morena (MP) in Sessions Trial No. 137/2006, by which appellants-accused have been convicted and sentenced for the following offences : –

Sr. No. Name of appellants-accused Offence Sentence 1. Gangadeen 148 of I.P.C. R.I. for one year 2. Ramsundar 302/149 Life Imprisonment and fine of Rs. 1000/-; in 3. Ramnaresh I.P.C. default thereof six months RI 4. Mahaveer 5. Barelal