HANNA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants are accused who have been convicted by the Trial Court for offences punishable under Ss. 302 and 323, read with Ss. 149, 147, and 148 of the Indian Penal Code, 1860. The appellants have been sentenced to life imprisonment for the offence of culpable homicide amounting to murder punishable under Sec. 302, and separate sentences have been imposed for the other crimes. All sentences were directed to run concurrently.

(2.) The incident took place on 5/10/1995. PW-1 - Nanhi Bahu (mother of the deceased - Pappu @ Har Narayan) alleged that the appellants killed her son. The allegation is that the appellants were carrying different weapons, and they assaulted her son.

(3.) None of the material prosecution witnesses except PW-3 (Santosh), the deceased's brother, supported the prosecution. The rest of the alleged eyewitnesses were declared hostile. PW-1 was also declared hostile as she did not support the prosecution. However, after her recall, she supported the prosecution.