BABU Vs. STATE

JUDGEMENT

(1.) Four accused persons, namely, Babu, Daha, Amjad and Sidar were tried by the II Additional and Session judge, Hardoi in Sessions Trial No. A-670 of 1980; whereas Babu was tried for offences punishable under Sec. 302 and 307 I.P.C., Daha, Amjad and Sirdar were tried for those punishable under sections 302/34 and 307/34 I.P.C.

(2.) Vide judgment and order dated 22.12.1981 the learned Judge acquitted Babu for offences punishable under sections 302 and 307 I.P.C. but convicted him for the offence punishable under Sec. 304 (ii) I.P.C. and sentenced him to undergo 2 1/2 years rigorous imprisonment. He acquitted Daha, Amjad and Sirdar for both the offences, namely, those punishable under sections 302/34 and 307/34 I.P.C.

(3.) Aggrieved by his conviction and sentence Babu preferred Criminal Appeal No. 977 of 1981, aggrieved by the inadequate sentence awarded to Babu for the offence punishable under Sec. 304 (ii) I.P.C. the State of U.P. preferred Criminal Appeal No. 167 of. 1982 for enhancement of his sentence; and aggrieved by the acquittal of Daha, Amjad and Sirdar for offences punishable under sections 302/34 and 307/34, the State U.P. preferred Criminal Appeal No. 431 of 1984.