(1.) The instant two criminal appeals have arisen from the judgment and order of conviction and sentence dtd. 14/9/1983 passed by the learned Additional Sessions Judge, Deoria in Sessions Trial No.92 of 1982, under Ss. 147, 148, 302/149, 324/149 of the Indian Penal Code, 1860.
(2.) It would be relevant and pertinent to mention, at the very outset, that initially in the written complaint and the first information report registered thereon by the police against five accused persons namely (1) Prahlad, S/o Ram Hit Yadav, R/o Village Bhimpur, (2) Ram Oudh, S/o Ram Hit Yadav, R/o Village Bhimpur (3) Prahlad S/o Bhirgun, R/o Village Moora Dih, (4) Sudama of Village Chali Chaur, Police Station Rudrapur and (5) Brijraj S/o Mahipat Yadav, R/o Village Khairaich, Police Station Rampur Karkhana, District Deoria, the case was committed to the sessions for trial against the Prahlad, S/o Ram Hit Yadav, R/o Village Bhimpur, Ram Oudh, S/o Ram Hit Yadav, R/o Village Bhimpur, Prahlad S/o Bhirgun, R/o Village Moora Dih and Brijraj S/o Mahipat Yadav, R/o Village Khairaich, Police Station Rampur Karkhana, District Deoria for the reason that the accused Sudama died before the committal of the case in a police encounter.
(3.) After completion of the trial, learned Additional District and Sessions Judge, Deoria recorded conviction of accused persons as under:-
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