LAWS(ALL)-2020-3-147

SANTOSH Vs. STATE OF U.P.

Decided On March 17, 2020
SANTOSH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Rahul Misra, learned counsel for the appellant, Sri L.D. Rajbhar and Sri Prem Shankar Misra, learned A.G.A.(s) for the State-respondents.

(2.) The present criminal appeal has been filed challenging the judgment and order dated 17th October, 1997 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Mainpuri in Sessions Trial No. 298 of 1988 (State vs. Santosh) arising out of Case Crime No. 609 of 1987 under Sections 148, 307/149 and 309/149 IPC, Police Station Kotwali, District Mainpuri.

(3.) The above trial had proceeded only against accused Santosh, the appellant herein out of five accused persons for the murder of deceased Suresh Singh. The accused Mukesh to whom main role of firing had been assigned, had died before commencement of the trial. Whereas another accused Pappu remained absconded. The identity of two other unnamed accused persons could not be determined during investigation. Resultantly, after trial only the appellant has been convicted under Section 302 and 149 IPC readwith Section 148 IPC for life imprisonment and ten years' rigorous imprisonment for offences under Section 307 and 149 IPC. All the sentences are to run concurrently.