MOHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Five persons, namely, Mohan Yadav, Tapsi Yadav, Chhotkun Yadav, Muneshwar Yadav and Kantoo Yadav were arraigned before the Sessions Judge, Azamgarh for rioting, murder and other allied offences. The trial ended in convection of all of them under S. 302/149 Indian Penal Code, 307/149 Indian Penal Code and 323/149 Indian Penal Code. In addition, Mohan was convicted under Section 148 Indian Penal Code and the other four under section 147 Indian Penal Code. For the convictions so recorded, they were sentenced to different terms of imprisonment, including life, with a direction that the sentences would run concurrently. As the appeal preferred by them in High court was dismissed, they filed the instant appeal after obtaining special leave. During the pendency of the appeal, two of them, namely Tapsi and Chhotkun died and hence, the appeal so far as they are concerned abate.

(2.) The prosecution case briefly state is as under:

(3.) The accused persons pleaded not guilty to the charges levelled against them and their defence was that Kumar met with his death in a dacoity that was committed in his house by some unknown persons. In support of its case. the prosecution examined ten witnesses, of whom Kumar and Chhotai figured as eye Witnesses. No witness was however examined on behalf of the defence. The Trial court found the evidence of the above two witnesses reliable and as, according to it, their evidence stood corroborated by the evidence of Jhingur (PW-6, who claimed to have seen the accused persons running away immediately after the incident, the medical evidence and the FIR that was lodged with utmost dispatch, it convicted the five accused persons in the manner as stated earlier. The High court concurred with each of the findings of the Trial court in dismissing the appeal preferred by the five convicts.