BRAHMA GIRI Vs. STATE OF U P

JUDGEMENT

(1.) FOUR accused -appellants have preferred this appeal. They are Brahma Giri and his three sons -Brij Deo Giri, Kishun Deo Giri and Kunjan Giri. The judgment assailed is one dated 21 -8 -1981 passed by Sri J.P. Singh, the then IVth Additional Judge, Varanasi in S.T. No. 69 of 1980. All of them have been convicted under Section 302 IPC read with Section 34 IPC with the sentence of life imprisonment. The connected Criminal Revision No. 1817 of 1981 has been filed by Ram Narain Giri for the enhancement of the sentence, i.e., to convert the life imprisonment passed against the accused into death sentence. The criminal appeal and criminal revision, being connected to each other, are now decided by this common judgment and order.

(2.) IT may also be stated before proceeding further that the appellant Brahma Giri died during the pendency of the appeal and the same abated in respect of him under order dated 12 -8 -2004. Presently, the Court is concerned with the remaining three accused -appellants who are the sons of the deceased appellant.

(3.) THE following ante -mortem injuries were found on his person :