DEO PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard.

(2.) The appellants herein [1] along with one Ram Dhani [2] were tried by the learned III Additional Sessions Judge, Gonda [3], in Sessions Trial No. 242 of 1978 for the offences punishable under Ss. 147, 148 and 302 read with 149 of the Indian Penal Code, 1860. [4] Vide judgment of conviction and order of sentence dtd. 3/6/1981, the trial Court convicted the appellant-Accused Nos. 1, 2 and 3 for the offences punishable under Ss. 148 and 302 read with 149 of IPC, and Ram Dhani, appellant- Accused Nos. 5 and 6 for the offences punishable under Ss. 147 and 302 read with 149 of IPC and sentenced them in the terms indicated below: - <IMG>JUDGEMENT_43_LAWS(SC)7_2026_1.jpg</IMG>

(3.) Being aggrieved, the accused-appellants preferred an appeal [5] to the High Court of Judicature at Allahabad, Lucknow Bench [6], for assailing their conviction and the sentences awarded to them. The learned Division Bench of the High Court, vide judgment and order dtd. 20/11/2011, dismissed the appeal preferred by the accusedappellants and affirmed the judgment of conviction and order of sentence passed by the trial Court. However, the appeal in respect of co-accused, Ram Dhani stood abated, as he expired during the pendency of appeal before the High Court. The said judgment of the High Court is the subject matter of challenge in the present appeals by way of special leave.