RAMESH KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Chaudhary Subhash Kumar, assisted by Sri Yogendra Kumar Advocates, appearing on behalf of the appellants, Sri Ram Yash Pandey, learned A.G.A. for the State, and perused the record.

(2.) THIS appeal is preferred challenging the validity and correctness of the judgment and order dated 09.02.2004 passed by Additional Sessions Judge, Jaunpur, Court No. 6 in S.T. No. 113 of 2000 (State Vs. Ramesh Kumar Pandey and three others), whereby the accused/ appellants have been convicted under section 302, read with section 34 IPC and each of them has been sentenced to imprisonment for life and fine of Rs.1000/-. Since the accused-Durvasha died on 22.5.2000, we are concerned only with the accused-appellants Ramesh Kumar Pandey, Sheetla Prasad Pandey and Smt. Kamla Devi.

(3.) IT is averred in the written report that when she and her husband Ram Chander Chaubey raised hue and cry to save Gopal Chaubey then Dinesh Pandey and Sheetla Prasad Pandey also injured them and that this incident was seen by Om Prakash Chaubey son of Radhey Shyam Chaubey, Laxmi Narain Chaubey alias Pintu son of Rama Shanker Chaubey and many other residents of the village. However, on seeing the crowd of villagers coming the assailants ran away.