MANSA RAM Vs. STATE OF U P

JUDGEMENT

(1.) NASEEMUDDIN, J. Criminal Appeal No. 243 of 1979 has been filed by Mansa Ram s/o Debi, Gulzari and Ram Chandra sons of Narain residents of village Mawai, police Asiwan and Criminal Appeal No. 248 of 1979 has been filed by Rai Narain Shukla son of Devi Sahai Shukla, resident of village Mau Mansoorpur, police station Safipur, presently residing in the town and Police Station Safipur District Unnao, against the judgment and order dated 10-3-1979 passed in S. T. No. 333 of 1978 by Shri R. P. Pandey, the then IV Additional Sessions Judge, ' Unnao, whereby the appellants were convicted for offences punishable under Sections 148, 302/149 I. P. C. , for committing the murders of Sheo Narain and Sheo Balak sons of Shanker, resident of village Mawai, PS. Aiwan, Dis trict Unnao and forming an unlawful as sembly and using fire- arms viz. Tamanchas. Raj Narain Shukla was further convicted under Section 404 I. P. C. They were sen tenced to R. I. for two years and fine of Rs. 500 each under Section 148, and to im prisonment for life on two counts under Section 302/149 I. P. C. and Raj Narain Shukla was further sentenced to two years R. I. and Rs. 500 as fine under Section 404 I. P. C. In default of payment of fine in two sentences six mor s further R. I. was to be undergone. All ' sentences were or dered to run concu entry.

(2.) THESE appeals were heard together and are being disposed of by this one com mon judgment.

(3.) P. W. 1 Murli Prasad and P. W. 2 Pahelwan Singh are the witnesses of the factum of occurrence.