KAMAKSHA RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 22-12-1993 delivered by the High Court of Judicature at Allahabad in Criminal Appeal No. 2803/78. The appeal before the High Court of Allahabad, in turn, arose from the judgment of the first Additional Sessions Judge, Ghazipur, dated 3-10-1978 in Sessions Trial No. 102/76.

(2.) In regard to an incident which took place in the early morning of 27-4-1975 in village Sherpur Kalan under Bhanwarkol Police Station, district Ghazipur, as many as 65 persons were tried for offences punishable under S. 302 read with S. 149, Ss. 147, 364 read with S. 436 read with 149, S. 429 read with 149, S. 323 read with 149, S. 325 read with 149. Out of the said 64 accused persons, the trial court firstly convicted and sentenced A-1, A-9, A-26, A-33 and A-34 to imprisonment for life under S. 302 read with S. 149 for the murder of Radhey Shyam and Banarasi, and also convicted the abovesaid accused persons under various other offences, particulars of which may not be relevant at this stage. Nextly, the trial court convicted and sentenced the above accused along with A-2, A-3, A-4 to A-8, A-10 to A+25, A-27 to A-32, A-35 and A-36 to rigorous imprisonment (RI) for 10 years under S. 436, I. P. C. read with S. 149, I. P. C. for having committed arson and also sentenced them to undergo imprisonment for various other lesser offences. The sentences so awarded were directed to run concurrently.

(3.) These 36 accused preferred the criminal appeal referred to above to the High Court of Judicature at Allahabad and the High Court as per its judgment dated 22-12-1993 partly allowed the said appeal and held that the prosecution has not established the charge under S. 302 read with 149 and Section 364 read with 149 against the accused who were convicted under the said Sections acquitted those appellants of the said charges but convicted all appellant Nos. 1-36 for offences under Sections 147, 323, 325, 429 and 436 all read with S. 149, I.P.C., and also confirmed the sentences awarded by the trial Court under Ss. 147, 323 read with S. 149 and S. 325 read with 149, I. P. C. The sentences awarded by the trial Court under S. 429 read with S. 149, I. P. C. in regard to these appellants were reduced to 3 years' R. I. and the sentence awarded by the trial Court under S. 436 read with S. 149, I. P. C. to R. I. for 5 years. The High Court also directed the sentences to run concurrently.