BANWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against judgments and order dated 9 -6 -1980 passed by Sri S.S. Gupta, the then IV Additional Sessions Judge, Varanasi in S.T. No. 89 of 1979. Four appellants, namely, Banwari, Shiv Dhari, Shiv Nath and Prem Narain alias Prema (real brothers) preferred this appeal. Banwari has been convicted under Section 302 IPC and sentenced to life imprisonment. The remaining three have been convicted under Section 302 IPC read with Section 34 IPC and sentenced to life imprisonment. All of the four have further been convicted under Section 323 IPC read with Section 34 IPC and sentenced to six months' rigorous imprisonment, under Section 324 IPC read with Section 34 IPC with sentence of 1 -1/2 years' rigorous imprisonment and under Section 325 IPC read with Section 34 IPC with sentence of three years' rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) THE appellants No. 2 and 3 Shiv Dhari and Shiv Nath have died and the appeal has abated so far as they are concerned.

(3.) THE following injuries were found on the person of Ram Raj: