LACHCHOO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.P. Yadav, learned counsel for the appellants and Sri Sangam Lal Kesherwani, learned AGA for the State.

(2.) The appellant Lachchoo (A-1), Nenney (A-2), Mangla (A-3), Babu (A-4), Mannoo (A-5), Man Singh (A-6), Tijua (A-7), Hardoo (A-8) and Udal (A-9) have preferred this appeal invoking the appellate jurisdiction of this Court under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 31.7.1982 passed by the Additional Sessions Judge/Special Judge, (Dacoity Affected Area) Lalitpur, in Session Trial No.65 of 1981 State Vs. Lachchoo and six others and Session Trial No.66 of 1981 State Vs. Hardoo and another, relating to Crime No.11 of 1981 under Sections 147, 148, 149, 302 IPC, Police Station Girar, District Lalitpur whereby all the accused persons (appellants herein) have been convicted under Section 302 read with Section 149 IPC and have been sentenced to undergo imprisonment for life. Five accused persons Man Singh, Mangla, Babu, Mannoo, Tijua have also been convicted under Section 147 IPC and have been sentenced to undergo one year rigorous imprisonment and four accused persons Udal, Hardoo, Lachchoo and Nenney have been convicted under Section 148 IPC and have been sentenced to undergo two years rigorous imprisonment. All the sentences have been ordered to run concurrently. Thus conviction and sentence of the appellants under Sections 147, 148, 302 read with 149 IPC is under challenge in this appeal.

(3.) Appellant no.1 Lachchoo, appellant no.3 Mangla, appellant no.9 Udal have died pending their appeal, hence appeal on their behalf stands abated.