MATA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material on record.

(2.) During the course of hearing of this appeal, the appellant nos. 1 and 2 namely Mata Prasad and Bhurey @ Dinesh Kumar have died and the appeal insofar as it relates to them has been abated vide order dtd. 11/7/2023 and 16/8/2023 respectively. Thus, the appeal survives on behalf of these appellants namely Pappu, Puttan and Daddan(appellant nos. 3, 4 and 5) only.

(3.) By means of this criminal appeal, the appellants, out of whom, only appellant nos. 3, 4 and 5(hereinafter referred to as appellants) survive have challenged the judgment and order dtd. 26/5/2001 by which learned Sessions Judge, Bahraich in sessions trial no. 25 of 1999 arising out of case crime no. 318 of 1998, under Ss. 147, 148, 149 and 302 I.P.C., police station Ikauna, district Shrawasti has convicted them under Ss. 302/149 I.P.C, and sentenced to undergo imprisonment for life with a stipulation of fine of Rs.5000.00 each and further to undergo rigorous imprisonment for a period of two years in default of payment of fine. In addition, appellants namely Pappu, Puttan and Daddan were also convicted under Sec. 147 I.P.C. and sentenced to undergo one year's R.I. with stipulation of fine of Rs.500.00 each. In default of payment of fine a further R.I. of three months. All the sentences are directed to run concurrently.