ASHA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Six persons, namely. Asha Ram, Magan, Chandrika, Ram Chhattar, Shiv alias Shiv Prasad and Ghan Shyam were tried by the IInd Additional Sessions Judge, Bahraich in Sessions Trial No. 70 of 1997 for offences punishable under Ss. 147, 148, 302/149 and 201 of the Indian Penal Code. Vide judgment and or dated 15-12-2001, the learned Judge acquitted Magan. Ram Chhattar, Shiv alias Shiv Prasad and Ghan Shyam on all the counts but convicted and sentenced Asha Ram and Chandrika In the manner stated hereinafter: (i) Under S. 147, I.P.C. to undergo six months' R.I. (ii) Under S. 148, I.P.C. to underttd ne year's R.I.; and (iii) Under Ss. 302/149.1.P'.fc. to undergo imprisonment for life and to pay a fine of Rs. 200/- each. In default to undergo 10 days' simple imprisonment. The learned Judge directed the sentences of Asha Ram and Chandrika on all the counts to run concurrently.

(2.) Aggrieved by their convictions and sentences Asha Ram and Chandrika pre- ferred in this Court Criminal Appeal No. 54 of 2002 and Chandrika Criminal Appeal No. 187 of 2002. As a matter of fact Cri. Appeal No. 187 of 2002 should not have been, en- tertained by this Court because Chandrika, the sole appellant in it was also the appel- lant in Cri, Appeal No. 54 of 2002, It was entertained because the concerned clerk of the criminal section failed to make an en- dorsement on it that Chandrika's appeal (Cri. Appeal No. 54 of 2002) had already been passed.

(3.) Since both these appeals arise out of a common factual matrix and impugned judgment, we are disposing them of by a common Judgment.