UMESH DIXIT Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition under Article 226 of the Constitution has been instituted by Umesh Dixit, whose brother Gyanendra Kumar alias Tinku was said to be murdered by the convict/respondent no.6-Hari Shankar, with the following reliefs :-

(2.) The respondent no.6-Hari Shankar and co-accused were tried by V Additional Sessions Judge, Sitapur in Sessions Trial No. 187 of 1991 arising out of Case Crime No. 171 of 1990, under Sections 147, 148, 452, 149, 302 I.P.C., Police Station Machhrehta, District Sitapur, wherein vide judgment and order dated 19.03.1996 (Annexure No. 3), the learned V Additional Sessions Judge, Sitapur, convicted and sentenced the respondent no.6-Hari Shanker and co-accused under Section 302 read with Section 149 I.P.C. to undergo life imprisonment; under Section 452 read with Section 149 I.P.C. to undergo three years R.I.; and under Section 148 I.P.C. to undergo two years R.I.

(3.) According to the petitioner, aggrieved by their conviction and sentence vide judgment and order dated 19.03.1996, respondent no.6-Hari Shanker preferred Criminal Appeal No. 117 of 1996 : Hari Shanker Vs. State of U.P., wherein respondent no.6-Hari Shanker was granted bail by a Co-ordinate Bench of this Court and the same is still pending final adjudication.