PARMATMA RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by appellants Parmatma Rai, Krishna Rai, Nar Singh Rai and Ram Suresh Rai against judgment and order dated 18.12.1986 passed by I Additional Sessions Judge, Azamgarh in Sessions Trial No.174 of 1983 (State Versus Parmatma Rai and others) convicting and sentencing appellants Parmatma Rai and Krishna Rai for offence under section 304 Part-II IPC to undergo 3 years rigorous imprisonment, for offence under section 147 IPC to undergo 6 months rigorous imprisonment, for offence under section 323 read with section 149 IPC to undergo 1 year rigorous imprisonment, appellants Nar Singh Rai and Ram Suresh Rai for offence under section 147 IPC to undergo 6 months rigorous imprisonment, for offence under section 323 read with section 149 IPC to undergo 1 year rigorous imprisonment. All sentences were directed to run concurrently.

(2.) It was reported that during pendency of appeal, appellants-3 and 4 namely, Nar Singh Rai and Ram Suresh Rai have died, therefore, vide order dated 24.03.2017, appeal filed on their behalf has been abated. Thus, appeal is being decided only in respect of appellants-1 and 2 namely, Parmatma Rai and Krishna Rai.

(3.) Prosecution story, in brief, as unfolded in written report (Ex.Ka.1) are as follows :