RAM KHELAWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) CrPC arises out of judgment and order dtd. 31/8/1982 passed by the IVth Additional Sessions Judge, Lucknow in Sessions Trial No.170 of 1981, convicting accused, Ram Khelawan (appellant no. 1) under Sec. 302 IPC and accused Budhu and Ram Dutt (appellant no. 2) under Sec. 302/34 IPC and sentenced them to undergo life imprisonment. Accused, Ram Khelwan (appellant no. 1) had been further convicted under Sec. 324 IPC and accused, Budhu and Ram Dutt (appellant No. 2) had been convicted under Sec. 324/34 IPC and sentenced to undergo two years rigorous imprisonment.

(2.) Appeal filed by accused, Budhu, being Criminal Appeal No.685 of 1982, who was also convicted and sentenced, as noted above, has been dismissed by this Court vide judgment and order dtd. 6/4/2018. While dismissing the said criminal appeal, this Court had observed as under:-

(3.) As per prosecution case, Ramdin (deceased) his brother Ketar (injured), accused, complainant and witnesses belong to 'Mangta Community'. All these persons were living in their huts, near Banthara Market.