RAMYASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These criminal appeals challenge the judgement and final order dtd. 8/2/2019 passed by the Division Bench of the Allahabad High Court in Criminal Misc. Correction Application No. 2 of 2019 which had been preferred by the accused persons namely, Bhupendra Singh, Moti Lal and Prahlad.

(2.) The Correction Application purportedly sought a clarification of a previous judgment and final order passed by the Division Bench of the High Court on 21/5/2018[Hereinafter referred to as "First Judgment".], by which the High Court had dismissed the criminal appeals preferred by the accused persons and had affirmed the judgment passed by the Court of Additional Sessions Judge, Court No.4, Jaunpur in Sessions Trial No. 277 of 2012[Hereinafter referred to as 'trial court'.] wherein the trial court had convicted the accused persons for the offences punishable under Ss. 302 and 323 read with 34, and Ss. 452, 504 and 506 of the Indian Penal Code, 1860['IPC' for short.] and sentenced them to suffer imprisonment for life.

(3.) Subsequently however, the High Court by way of the impugned judgment and order allowed the Correction Application preferred by the accused persons and modified its First Judgment. While so modifying its First Judgment, the High Court partly allowed the criminal appeals thereby converting the conviction awarded to the accused persons to one under Sec. 304 Part II of the IPC and consequently sentenced accused Bhupendra Singh to undergo rigorous imprisonment for 10 years and sentenced accused Moti Lal and Prahlad to undergo rigorous imprisonment for 5 years.