VISHWANATH Vs. STATE OF UP

JUDGEMENT

(1.) Above appeal No.1846 of 1986 (Vishwanath and another Vs. State of U.P.) and Criminal Revision No.1685 of 1986 (Kedar Pandey Vs. Ram Bahal Pandey and others) both are arising out of same judgement and order dated 30.5.1986 passed by learned Vth Additional Sessions Judge, Gorakhpur in S.T. No.344 of 1984 (State Vs. Ram Bahal Pandey and others), under sections 147, 148, 149, 302 I.P.C., Police Station Khajani, District Gorakhpur. Therefore for sake of convenience appeal and revision both are decided by this common judgement.

(2.) Appeal has been filed by accused appellants Vishwanath and Vijai Prakash u/s 374(2) Cr.P.C. against conviction recorded against them for offence punishable under section 302 read with section 34 I.P.C. as well as against sentence awarded there under that is life imprisonment while revision has been filed by complainant Kedar Nath Pandey u/s 397/401 Cr.P.C. against acquittal recorded in favour of opposite parties no.1 to 4 namely Ram Bahal Pandey, Gulab, Vishambhar and Vindhyachal.

(3.) In appeal Shri J.N. Sharma appeared for accused-appellants and learned A.G.A. Shri S.L. Kesarwani appeared for respondent-State.