AMAR NATH Vs. STATE

JUDGEMENT

(1.) SIX appellants have carried this appeal against judgement of conviction dated 8.7.1993 and order of sentence dated 9.7.1993 passed by Ist Additional Sessions Judge, Gonda in Sessions Trial No.259 of 1985. The appellants have been convicted and sentenced as under : - i). Amar Nath has been convicted for commission of offence under Section 302 I.P.C. and has been sentenced to undergo Life Imprisonment and pay fine Rs.2000/ - ; under Section 148 and Section 324 I.P.C. to undergo one year' rigorous imprisonment for commission of each of the said offences. ii). Jwala and Trijugi, appellants, have been convicted for commission of offence under Section 148 I.P.C. and sentenced to undergo one year's rigorous Imprisonment and for commission of offence under Section 302, read with Section 149 I.P.C. to undergo life imprisonment and Rs.2000/ - as fine. The said appellants have been convicted for commission of offence under Section 324, read with Section 149 I.P.C. and have been sentenced to undergo one year's rigorous imprisonment. iii). Likewise, Nar Singh, Sheo Dayal and Jagdamba have been sentenced to undergo imprisonment for commission of offence under Section 147 I.P.C. for one year each and under Section 302, read with Section 149 I.P.C. to undergo imprisonment for life and fine Rs.2000/ -. The said appellants have also been convicted for for commission of offence under Section 324, read with Section 149 I.P.C. and have been sentenced to undergo one year rigorous imprisonment. In case the fine is not paid, the appellants have been directed to undergo further imprisonment of six months each.

(2.) APPELLANT no.2 Trijugi and Appellant No.6 Jagdamba alias Bekaru died during pendency of appeal. Report in regard to death of Trijugi has been confirmed by the Chief Judicial Magistrate, Gonda vide report 2.1.2007. Death of Jagdamba, appellant has also been confirmed by the Chief Judicial Magistrate, Gonda vide report dated 2.1.2007. Consequently, appeal of appellant no.2, Trijugi, and appellant no.6, Jagdamba alias Bekaru, is hereby disposed of as having abated.

(3.) IN the meantime, Amar Nath, son of Dwarika armed with a gun, Triyugi son of Ram Rang armed with farsa, Jwala, son of Bhawani armed with Bhala, Nar Singh son of Ram Rang and Sheo Dayal son of Daulat armed with lathi while using abusive language came on spot where the wood was being loaded. Above mentioned four accused exhorted Amar Nath that today let us finish/kill Asroni. The entire issue would be solved. On so doing, Amar Nath, son of Dwarika fired with his gun and injured Asroni. Asroni ran towards east. In the meantime, gun was fired again upon which Shiv Kumar son of Manbodh also received injuries. Asroni died where he had fallen. Dead body is lying on the spot. The statement be recorded and appropriate action be taken.