POORAN Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT appeal has been preferred against the judgment and order of conviction and sentence dated 23.2.1981 passed by IV Additional Sessions Judge, Agra, in Sessions Trial No. 468 of 1979, by which appellants Pooran, Maharaj Singh, Munna and Rakesh were convicted under Sections 147 and 302 read with 149 I.P.C. and were sentenced to undergo R.I. of one year and life imprisonment, respectively. It was directed by the trial Court that both the sentences would run concurrently.

(2.) IT was reported by the Chief Judicial Magistrate, Agra that the appellant No. 3 Munna son of Pooran had died, hence the appeal filed by him stood abated as per order dated 8.1.2004 passed by this Court.

(3.) THE occurrence is said to have taken place on 9.4.1979 after 8.00 p.m. and F.I.R. was lodged on 10.4.1979 at 7.30 a.m. The place of occurrence was Arhar field of one Hariom behind Nardanand Ashram in Mohalla Devnagar of town Firozabad, police station Firozabad (South), then comprised in District Agra. The distance of the police station from the place of occurrence was about 1/2 Kms. FIR was lodged against three accused Pooran, Maharaj Singh and Munna only. The appellant Rakesh came to light later on. He was put up for identification and he was also booked to face trial.