MANGROO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard at length the arguments advanced by Shri Manoj Srivastava, learned counsel for the appellant and Shri B.A. Khan, learned A.G.A. for the State of U.P.

(2.) This appeal has been preferred against the judgment and order dated 18.09.1981 whereby the Additional Session Judge, Varanasi in S.S.T. No. 14 of 1981 whereby the accused appellants Mangru, Terhai and two co-accused namely, Ram Chandra and Jagwant Kumar have been convicted and sentenced to undergo four years of rigorous imprisonment under Section 399 I.P.C. and four years rigorous imprisonment under Section 402 I.P.C. The accused appellants Mangru and Terhai and co-accused Jagwant Kumar have been further sentenced to undergo six months rigorous imprisonment under Section 25 of Arms Act. All the sentences have been directed to be run concurrently.

(3.) Out of the two appellants the appellant Mangru has died because of which his appeal has been abated by this Court's order dated 19.04.2005. In view of this, the appeal of accused appellant Terhai alone remains for consideration before this Court.