KANDHAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Apul Mishra, learned Counsel for the appellant No. 2 and Sri K.S. Yadav, learned A.G.A. for the State. The present appeal has been filed against the judgment and order dated 13.2.1986 passed by 4th Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 606/1984 by which the appellant No. 1 Kandhai has been convicted and sentenced under section 302 I.P.C. to undergo imprisonment for life, under section 307 I.P.C. to 7 years rigorous imprisonment and under section 25(1)A of the Arms Act to 2 years rigorous imprisonment and under section 27 of Arms Act to 5 years rigorous imprisonment and further convicting and sentencing appellant No. 2 Shiv Narayan under section 302/34 I.P.C. for imprisonment for life and 307/34 to 7 years rigorous imprisonment.

(2.) THE appeal of the appellant No. 1 Kandhai, who has died, has been ordered to be abated by this Court vide order dated 6.3.2014.

(3.) THE informant Lal Sahai lodged the FIR about the incident at 6.15 p.m. on the same day at police station Nigohi, which was registered as Case Crime No. 196 under section 307/34 I.P.C. The investigation of the case was carried out and on the same day the Investigating Officer sent the injured for their medical examination and the dead body of the deceased for post -mortem examination. The statements of the witnesses were recorded by the Investigating Officer and thereafter charge -sheet was submitted against the accused persons. The Trial Court framed charge against accused Kandhai for the offence under sections 302 and 307 I.P.C. and sections 25(1)A and 27 of the Arms Act and framed charges against the accused Shiv Narayan under section 302 read with 34 I.P.C. and 307 read with 34 I.P.C. respectively.