IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE 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.

...2/-

- 2 -  

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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 10, 2008.