LOT PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) (A) BACKGROUND/INTRODUCTION : Four persons, namely, Sadhu Prasad, Talluqdar, Lot Prasad (the appellant), and Shital, were tried by the Sessions Judge, Gonda in Sessions Trial No. 73 of 1992: State Vs. Sadhu Prasad and others, arising out of Case Crime No. 145 of 1990, under Sec. 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as " I.P.C. "), Police Station Wazirganj, District Gonda.

(2.) Vide judgment and order dtd. 20/7/1995, the Sessions Judge, Gonda acquitted accused Sadhu Prasad, Talluqdar and Shital from the charge of murder levelled against them, however, convicted the accused/appellant Lot Prasad under Sec. 302/34 I.P.C. and sentenced him to undergo life imprisonment. Against the aforesaid order of conviction and sentence dtd. 20/7/1995, accused/appellant Lot Prasad has filed the instant appeal before this Hon'ble High Court.

(3.) The instant appeal then came up for hearing before a Division Bench comprising Hon'ble Satyendra Singh Chauhan and Hon'ble Virendra Kumar-II, J.J. (as they then were). After hearing of the instant appeal, vide separate judgment and order dtd. 9/8/2017, Hon'ble Satyendra Singh Chauhan, J (as he then was) was of the opinion that appellant Lot Prasad was liable to be acquitted from the charges levelled against him under Sec. 302/34 I.P.C. by giving him the benefit of doubt and, as such allowed the criminal appeal, and set-aside the judgment and order dtd. 20/7/1995 passed by the Sessions Judge, Gonda and acquitted him from the charges levelled against him, whereas Hon'ble Virendra Kumar-II, J. (as he then was) was of the opinion that the appellant/Lot Prasad was rightly convicted for the offence under Sec. 302 I.P.C., however, since co-accused persons were acquitted by the trial Court for offence punishable under Sec. 302 read with Sec. 34 I.P.C., hence mention of Sec. 34 in the impugned judgment is not so material and accordingly, dismissed the instant appeal.