CHAITU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is preferred against the judgment of the High Court of Allahabad in Criminal Appeal No. 2986 of 1982. The Appellants herein are accused Nos. 2, 4 and 7 respectively, in Sessions Trial No. 106 of 1980 on the file of IIIrd Additional Sessions Judge, Mirzapur and they were tried along with 4 others and all of them were convicted for offences Under Sections 147, 323/149 and 302/149 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for 1 year for the offence Under Section 147 Indian Penal Code, six months rigorous imprisonment for the offence Under Section 323/149 Indian Penal Code and life imprisonment for the offence Under Section 302/149 Indian Penal Code. Aggrieved by the conviction and sentence accused Nos. 1 to 7 preferred criminal appeal No. 2986 of 1982 and the High Court by impugned judgment dated 3.2.2012 dismissed the appeal preferred by accused Nos. 2, 4 and 7. The appeals preferred by accused Nos. 1, 3, 5 and 6 stood abated as they were reported dead. Challenging the same accused Nos. 2, 4 and 7 have preferred this appeal.

(2.) The prosecution case in brief is as follows:

(3.) PW4 Dr. Mohd. Tauhid was Medical Officer at P.H.C. Lalganj on 2.2.1980 and he examined the complainant/PW1 Gomti at 8.45 P.M. and found the following injuries: