BHUDHAR AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Arvind Kumar Srivastava, learned Amicus Curiae for the appellant no. 2 Chander son of Lallu Ram, Shri L.D. Rajbhar and Shri Sunil Kumar Tripathi learned A.G.As. for the State respondent.

(2.) The present appeal has been filed by three appellants Bhudhar, Chander and Roopram, all sons of Lallu Ram, residents of Village Adilabad, Police Station Bisalpur, District Pilibhit against the judgment and order dated 09.08.1996 passed by the Special/Additional Sessions Judge, Pilibhit in the Sessions Trial No.173 of 1986 under Sections 147, 148, 302/149 and 323/149 I.P.C., Police Station Bisalpur, District Pilibhit.

(3.) At the outset, we may note that nine persons were named in the first information lodged on 20.11.1985 for their involvement in the incident-in-question, out of whom accused Ganga Ram died during trial. Out of remaining eight, five accused persons namely Bhudhar, Chander, Roopram, Munna and Moti were convicted by the trial court for the offences under Section 302 read with Section 149 and Section 323 read with Section 149 IPC and sentenced each for life imprisonment alongwith fine of Rs.5000/-; as also for six months rigorous imprisonment for the above offences. In case of default or non-payment of the fine, they have to further undergo two years rigorous imprisonment. Four accused persons namely Chander, Roopram, Munna and Moti have also been convicted under Section 147 IPC and sentenced for six months rigorous imprisonment. Accused Bhudhar has also been convicted under Section 148 IPC and sentenced for one year rigorous imprisonment. All the punishment were to run concurrently.