HARDWARI Vs. STATE OF U P

JUDGEMENT

(1.) HARDWARI, Rajju, Sarju, Babu Ram s/o Manni, Dilawar s/o Haidwari and Nathu s/o Lallu, appellants have preferred this appeal against the judgment and order of Sri J. N. Bansal, II Additional Sessions Judge, Farrukbabad, dated 10-8-1977, passed in S.T. No. A-2 of 1977 State v. HARDWARI, convicting and sentencing each one of the appellants under Section 302 read with Section 149 IPC to imprisonment for life and under Section 147 IPC to one year RI. Both sentences were to run concurrently.

(2.) HARDWARI, Rajju, Sarju, Babu Ram (four appellants), Ram Nath (since murdered) and Maiku (died after the present occurrence) are sons of Manni, resident of village Rasoolpur, P. S. Kaimganj, District Farrukhabad. Dilawar appellant is son of HARDWARI appellant. Nathu is son of Lallo and belongs to the same village.

(3.) ORAL FIR of this incident was lodged by Asha Ram complainant PW 1 at Police Station Kaimganj, next day on 6-1-1976 at 9.30 A.M. 12 miles away It was mentioned in the FIR that all the assailants were dangerous persons, so on account of fear he did not proceed to Thana to lodge the report during the night.