JAMUNA DAS Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. This Criminal Appeal arises from a judgment and order dated 1-9-1981, passed by the IVth Additional Sessions Judge, Agra in Sessions Trial No. 429 of 1980, whereby the appellants Mathura Prasad, Bhagwan Singh alias Dhurra, Ashok, Kamla alias Kamal Singh, Ramesh, Jamuna Das and Shripal had been convicted and sentenced to undergo imprisonment for life under Section 302/149 IPC. The appellants, Jamuna Das, Bhagwan Singh, Mathura Prasad, Ramesh, Kamal Singh and Ashok had further been convicted under Section 148 IPC and sentenced to two years' rigorous imprisonment and a fine of Rs. 500 each, and in default, to further undergo rigorous imprisonment for a period of six months each. The appellant, Shripal had been convicted under Section 147 IPC and sentenced to one year's rigorous imprisonment and an additional fine of Rs. 500 and, in default of payment of fine, he was to undergo rigorous imprisonment for a period of six months. The sentences were to run concurrently.

(2.) WE have heard Shri P. N. Mishra, senior Counsel, assisted by Shri Nasiruzzaman and Shri Rakesh Chandra, (who appeared with him for appellants Bhagwan Singh, Kamal Singh and Ashok ). WE have also heard the learned AGA for the State. WE have perused the judgment of the trial Court and also the entire evidence on record.

(3.) CHARGES under Sections 148, 302, 149 IPC were framed against accused Mathura Prasad, Dhurra @ Bhagwan Singh, Kamla @ Kamal Singh, Ashok, Ramesh and Jamuna Das, and a charge under Sections 147, 302, 149 was framed against accused Shripal.