LAWS(ALL)-2020-4-83

MUNNI LAL Vs. STATE OF U.P.

Decided On April 28, 2020
MUNNI LAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 19.10.1984 passed by IVth Additional Sessions Judge, Kanpur Dehat in S.T. No. 118 of 1980 (State v. Munni Lal and others), under Sections 147, 148, 307 IPC, P.S. Musanagar, District Kanpur Dehat, whereby the accused-appellants Munni Lal, Dalchand, Rajender Prakash, Baij Nath, Munshi Lal s/o Hulsi, Bachchan Lal, Munshi Lal s/o Mathura, Jagannath, Shyam Lal, Devi Lal, Ram Prasad, Diwan Singh, Chheda Lal, Lalloo, Babu Ram, Raja Ram, Ram Asrey, Gyan Singh and Balbir Singh have been convicted under Section 323/149 IPC and sentenced to six months rigorous imprisonment. Accused-appellants Ram Asrey, Gyan Singh and Balbir Singh were further convicted under section 148 IPC and sentenced to one year rigorous imprisonment. Accused appellants Munni Lal, Dalchand, Rajender Prakash, Baij Nath, Munshi Lal s/o Hulsi, Bachchan Lal, Munshi Lal s/o Mathura, Jagannath, Shyam Lal, Devi Lal, Ram Prasad, Diwan Singh, Chheda Lal, Lalloo, Babu Ramand Raja Ram were further convicted under Section 147 IPC and sentenced to one year rigorous imprisonment. Both the sentences were to run concurrently. However, all the accused-appellants were acquitted of charge under section 307 IPC.

(2.) Appellant No. 1 Munni Lal, No. 2 Dalchand, No. 5 Munshi Lal s/o Hulasi, No. 6 Bachchan Lal, No. 8 Jagannath, No. 9 Shyam Lal, No. 11 Ram Prasad, No. 12 Diwan Singh, No. 13 Chheda Lal, No. 15 Babu Ram and No. 16 Raja Ram have expired during pendency of this appeal and thus, their appeal has been abated and thus now this appeal is confined only in respect of accused-appellants Rajender Prakash, Baij Nath, Munshi Lal s/o Mathura Khewat, Devi Lal, Lalloo, Ram Asrey, Gyan Singh and Balbir Singh.

(3.) Heard Sri M.P. Srivastava, learned counsel for accused-appellants and Sri Ravi Singh Parihar learned Addl. A.G.A. for State.