KALLOO Vs. STATE OF UP

JUDGEMENT

(1.) SIX accused persons namely, Kalloo (appellant No. 1), Jagdish (appellant No.2), Sheo Narain alias Baredi (appellant No. 3), Lala Ram (appellant No.4), Moti Lal (appellant No. 5) and Bhagwat (appellant No. 6), preferred this appeal challenging their conviction and sentence recorded vide judgment and order dated 17.5.1982 passed by the Additional Sessions Judge, Hamirpur, in Sessions Trial No. 48 of 1981-State Vs. Kalloo and five others, by which all the six accused persons (appellants herein) were convicted under Section 302 I.P.C. read with Section 149 I.P.C. and sentenced to imprisonment for life. Four appellants namely, Kalloo, Jagdish, Sheo Narain and Lala Ram were also convicted under Section 307 I.P.C. read with Section 149 I.P.C. and each of them was sentenced to four years Rigorous Imprisonment thereunder, and two years Rigorous Imprisonment on being convicted under Section 148 I.P.C. Two accused persons namely, Bhagwat and Moti Lal were also convicted under Section 147 I.P.C. and sentenced to undergo Rigorous Imprisonment for a period of one year. All the sentences were directed to run concurrently.

(2.) THE appellant No. 2 Jagdish and appellant No. 6 Bhagwat have died pending consideration of their appeal and on account of their deaths, their appeal has been abated vide order dated 19.3.2012. THE appellant No. 4 Lala Ram claimed his juvenility and report regarding his juvenility has been received.

(3.) DR. Misra also examined Ram Sajiwan (PW-1) and found the following injuries on his person:-