SANKATHA Vs. STATE

JUDGEMENT

(1.) Heard Sri Anil Srivastava, assisted by Sri Anil Kumar Verma, learned counsel for the revisionists, Sri Roshan Singh, learned A.G.A. for the State at length and perused the material available on record.

(2.) This criminal revision has been preferred against the judgment and order of conviction and sentencing passed by Assistant Sessions Judge, 5th Varanasi, in S.T. No. 183 of 1989 (State Vs. Sankata and four others) under Ss. 147, 148, 149, 307 I.P.C. and Sec. 25 of the Arms Act and Crl. Appeal No. 27 of 1990 (Sankatha and Four Others Vs. State) dtd. 17/8/1990 by the Sessions Judge, Varanasi.

(3.) The learned A.S.J. convicted accused Sankatha u/s 147, 148, 307 I.P.C. and Sec. 25 of the Arms Act and awarded one month's simple imprisonment u/s 147 I.P.C. three months simple imprisonment u/s 148 I.P.C. and 7 years rigorous u/s 307 I.P.C. and fine of Rs.500.00. He also sentenced the accused Sankatha for five months of rigorous imprisonment and fine of Rs.100.00 u/s 25 of the Arms Act with default stipulation of three months simple imprisonment. The learned A.S.J. convicted the rest of the accused persons u/s 147, 307 read with Sec. 149 I.P.C. and convicted accused Shobha, Pandhari, Subhash and Chhote Lal for one month's simple imprisonment under Sec. 147 I.P.C. and five years rigorous imprisonment to each of the accused under Sec. 307 read with Sec. 149 I.P.C. and fine of Rs.200.00 to each of the accused with default stipulation of one month's simple imprisonment.