NANDOO @ NAND LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) There is an illness slip of Mr. A.K. Yadav one of the learned Counsel for the revisionist but Mr. H.C. Dwivedi the second learned Counsel for the revisionist is present and he is ready to argue the matter. Mr. Radhey Shyam Dwivedi the learned Counsel for the opposite party Dharam Raj is also present.

(2.) I have heard learned Counsel for the parties and perused the records.

(3.) Six persons namely Shiva Nath, Shaileshwar, Kamleshwar, Nandoo @ Nand Lal, Nanhey & Sanjay were found guilty by 7th Addl. C.J.M., Varanasi and were convicted and sentenced to undergo various terms of imprisonment and were also directed to pay certain amounts of fine under Sec. 420 I.P.C. Feeling aggrieved by this judgment dated 16.2.1996 passed by the learned Addl. C.J.M., Varanasi in the criminal case No. 2165, two separate criminal appeals were filed before the learned Sessions Judge, Varanasi. The Appellant Nandoo @ Nand Lal filed criminal appeal No. 32/96 whereas the Appellants Shiva Nath, Saleshwar, Kamleshwar, Nanhey and Sanjay filed separately the criminal appeal No. 31/96. Both the appeals were transferred to the Court of 10th Addl. Sessions Judge who dismissed both the appeals after hearing them on 28.11.2001.