AYODHYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both the Criminal as well as Government Appeals are directed against the impugned judgment dtd. 21/1/1981 passed by the II Additional District & Sessions Judge, Gorakhpur in Sessions Trial No. 205 of 1980 (State Vs. ayodhya & 6 Others), arising out of Case Crime No. 36 of 1978, under Ss. 147/148/149/302 I.P.C., Police Station-Ghughuli, District- Gorakhpur, whereby accused-appellants Ayodhya, Sanhu, Chhangur, Lakhan and Ram Ji, have been convicted for offence under Sec. 147 I.P.C. and Sec. 302 read with Sec. 149 I.P.C. and have been sentenced to two years rigorous imprisonment for commission of offence under Sec. 147 and life imprisonment for commissioning of offence under Sec. 302 read with Sec. 149 I.P.C., with an observation that both the sentences were to run concurrently, whereas the accused- Pyare and Chhotkoo have been acquitted for all charges alleged against them.

(2.) Since the basic facts, issues and the judgment of the trial court are similar and common, both criminal appeals have been clubbed and heard together and the same are being decided by this common judgment.

(3.) We have heard Mr. J.P. Tripathi, learned A.G.A. for the State, Shri P.K. Singh and Mr. Gyan Prakash Singh, learned counsel for accused-respondents in Government Appeal and Mr. Rajeev Chaddha and Arunesh Kumar Singh, learned counsel for accused- appellants in criminal appeal as well as perused the entire material available on record.