AVDESH RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri C.K. Rai, learned counsel for the appellants and Sri Amit Singh Chauhan, learned Additional Government Advocate for the State and perused record.

(2.) This criminal appeal has been preferred against the judgment and order dated 24.01.1984 passed by Additional Sessions Judge, Balia in S.T. No. 277 of 1979 (State v. Satyadeo and six others), under Sections 147, 323 IPC, P.S. Norhi, District Ballia, whereby the accused appellants Avdesh Rai, Munindra Nath Rai, Shailender Rai, Sarvdeo Rai, Hardwar Rai and Bajrangi Rai have been convicted under Section 147 and 323/149 of Indian Penal Code (hereinafter referred as IPC). Accused appellants Avdesh Rai, Munindra Nath Rai, Shailender Rai were sentenced to 15 days rigorous imprisonment under Section 147 IPC and fine of Rs. 100/- each under Section 323/149 IPC. In default of payment of fine, they have to undergo one month imprisonment. Accused-appellants Sarvdeo Rai, Hardwar Rai and Bajrangi Rai were granted benefit of provisions u/s. 4(1) of UP First Offender's Act. However, co-accused Sheo Prakash Rai was acquitted of all the charges.

(3.) Appellants No. 4 Sarvdeo Rai, No. 5 Hardwar Rai and No. 6 Bajrangi Rai have passed away during pendency of this appeal and thus in respect of these three appellants, appeal has been abated. Now this appeal is confined only in respect of accused-appellants Avdesh Rai, Munindra Nath Rai, Shailender Rai.