RAJU PASI Vs. STATE OF U P

JUDGEMENT

(1.) These are two criminal appeals on behalf of two accused arising from the judgment and order dated 19.8.2004, passed by the Additional Sessions Judge, (Court No. 19), Allahabad in Session Trial No. 781 of 2002, State v. Raju Pasi, Session Trial No. 946 of 2003, State v. Lal Chandra and Session Trial No. 782 of 2002, State v. Raju Pasi. The Appellant Raju Pasi was acquitted in Session Trial No. 782 of 2002 under the Arms Act.

(2.) Both the Appellants Raju Pasi and Lal Chandra are convicted under Section 302/34, I.P.C. and sentenced to undergo life imprisonment and a fine of Rs. 2,000. In default of payment of fine, a further imprisonment of six months.

(3.) The occurrence is alleged to have taken place on 12.7.2002 at 6.30 a.m. near puliya of village Naveenpur Police Station Naini, Allahabad. Surendra Pasi died in the incident. The F.I.R. was lodged on the same day, i.e., 12.7.2002 at 7.30 a.m. by Virendra, brother of Surendra Pasi at Police Station Naini which is at a distance of 4 kilometres from the place of occurrence.