HARI SHANKAR RAI Vs. STATE

JUDGEMENT

(1.) Heard Mr. R.K. Shahi, learned counsel for the accused, Mr. Harish Chandra Tiwari, learned counsel for the first informant and Mr. Jitendra Kumar Jaiswal, learned A.G.A. for the State in both the appeals, as well as perused the record.

(2.) Since these criminal appeal as well as government appeal are directed against the judgment and order dtd. 19/1/1983 passed in Sessions Trial No. 245 of 1981 (State Vs. Mahendra Rai and Hari Shanker Rai) arising out of Case Crime No. 215 of 1979 (251/3), under Sec. 302 of I.P.C., Police Station, Tariya Sujan, District-Deoria, whereby the accused Hari Shanker Rai has been convicted and sentenced to undergo four years rigorous imprisonment for the offence punishable under first part of Sec. 304 of I.P.C., whereas the accused Mahendra Rai has been acquitted for the offence punishable under Sec. 302 of I.P.C., the same have been heard and clubbed together and are being decided by this common judgment.

(3.) During the pendency of the instant Government Appeal before this Court, the accused-respondent no.1 Mahendra Rai has already passed away and the Government Appeal qua accusedrespondent no.1 Mahendra Rai has been abated vide order dtd. 31/8/2022.