GULAB Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed by two appellants, namely, Gulab(appellant No. 1) and Nanku @ Nanhu (appellant No. 2). The appeal of Nanku @ Nanhu (appellant No. 2) has been abated, on account of his death, vide order dtd. 8/12/2021. Therefore, by way of present order, we will decide the appeal filed by Gulab (appellant No. 1).

(2.) Appellant- Gulab and three others were convicted by the trial court under Sec. 302 IPC read with sec. 34 IPC and awarded life imprisonment vide order dtd. 10/9/1985. The other convicted accused-Ram Awadh and Ram Kripal filed a separate appeal i.e. Criminal Appeal No. 2408 of 1985, has already been abated on account of their death, vide order dtd. 10/9/2018.

(3.) Prosecution case was instituted on a First Information Report (FIR) which was lodged on 4/9/1980, at about 11:15 pm by Nabi Baksh (PW-1) against the appellant- Gulab (surviving appellant) and three others, under Sec. 302 IPC, at P.S. Handia, District Allahabad as case crime No. 300 of 1980.