JWALA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused-appellant Shanker Yadav against the judgment and order dtd. 25/3/2004 passed by the Additional Sessions Judge/F.T.C.-IV, Jaunpur in Sessions Trial No. 41 of 1990 (State of U.P. Vs. Jwala Prasad and Others), arising out of Case Crime No. 110 of 1989, under Ss. 148, 149 and 302 of I.P.C., Police Station-Baxa, District-Jaunpur, whereby the accused-appellants, namely, Jwala Prasad, Bankey Lal, Shyam Bahadur and Mithai Lal along with co-accused Shanker, have been convicted and sentenced to undergo one year simple imprisonment for the offence punishable under Sec. 148 of I.P.C. and life imprisonment for the offence punishable under Sec. 302/149 I.P.C. with a fine of Rs.20,000.00 each, in default thereof he has to further undergo one year additional imprisonment.

(2.) We have heard Mr. V.P. Srivastava, learned Senior Advocate, assisted by Mr. Muktesh Kumar Singh, and Sri Sanjay Kumar Yadav, learned counsel for the accused-appellant no. 3 Shyam Bahadur, Sri Ashok Kumar Singh, learned counsel for accused-appellant no.2 Bankey Lal, Sri Rajesh Yadav, learned counsel for accused-appellant no. Mithai Lal, Mr. Arun Kumar Pandey, learned A.G.A. for the State and Mr. Dhirendra Kumar Srivastava, learned counsel assisted by Mr. Siddhartha Shukla, learned counsel for the first informant and also perused the entire materials available on record.

(3.) During the pendency of the instant criminal appeal, accused-appellant Jwala Prasad has already expired and the appeal at his behest has been abated by this Court vide order dtd. 27/4/2022.