PAWAN KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant before this Court has been convicted by the Additional Sessions Judge, Barabanki in Sessions Trial No.85 of 1996 for offences under Ss. 302 and 307 read with Sec. 34 of Indian Penal Code, 1860 and has been sentenced to life imprisonment under Sec. 302/34 and rigorous imprisonment for 7 years under Sec. 307/34 with default stipulations. The conviction and sentence of the appellant was upheld in appeal by the High Court, in its order dtd. 7/5/2019.

(3.) There were four accused in the case, which were Gaya Prasad Mishra, Gulab Chandra, Pawan Kumar and Babadeen. The accused Babadeen passed away during the trial and his case stood abated and the remaining three were convicted for the offences as stated above. The said conviction has been upheld by the High Court of Judicature of Allahabad (Lucknow Bench). Meanwhile, as far as Gaya Prasad Mishra and Gulab Chandra are concerned, who are the father and brother of the present appellant respectively, they were released prematurely after remaining in jail for more than 19 years, under the remission policy of the State. Consequently, they have not filed any petition before this Court.