STATE OF UP Vs. KENCHU

JUDGEMENT

(1.) Government Appeal No. 1968 of 1982 under Section 378 Cr.P.C. (State of U.P. Vs. Kenchu & others) and Criminal Appeal No.1284 of 1982 under Section 374 Cr.P.C. (Kenchu & others Vs. State of U.P.) have been filed challenging the impugned judgment and order dated 11.5.1982 passed by the learned Sessions Judge, Jhansi in S.T. No. 170 of 1981 whereby he has convicted accused Chokhra under Section 302 I.P.C. for life imprisonment and under Section 201 I.P.C. to undergo for two years rigorous imprisonment. Both the sentences shall run concurrently whereas he has convicted accused Kenchu, Gotiram, Kishora and Rajoo alias Rajendra under Section 201 I.P.C. who were sentenced to undergo rigorous imprisonment for two years. However, they were acquitted from the charge punishable under Section 302/149 I.P.C.

(2.) During the pendency of this criminal appeal accused Kenchu, Kishora, Chokhra, and Rajoo alias Rajendra have died and therefore, Government Appeal filed against them stood abated. Likewise, Criminal Appeal filed by Chokhra stood abated. The present judgment relates only to accused Gotiram.

(3.) Learned trial court has charged accused Chokhra under Sections 148 and 302 I.P.C. whereas accused Kenchu, Gotiram, Kishora and Rajoo alias Rajendra were charged under Sections 147 & 302/149 I.P.C. All the aforesaid five accused were further charged punishable under Section 201 I.P.C.