BHONDU AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by the aforesaid three appellants against the judginent and order dated 21.5.1979 passed by III Addl. Sessions Julge, Fatehpur in Sessions Trial No. 256 of 1)78 whereby appellant Bhondu stands convicted under Section-302 Penal Code simpliciter and all the three appellants stand convicted under Sec. 302/34 Penal Code and sentenced to imprison ment for life thereunder and also under Sec. 307/34 Penal Code and sentenced to seven years' R.I. thereunder.

(2.) During the pendency of the appeal appellant Amarnath is said to have died, therefore, his appeal abates.

(3.) The charge against appellant Bhondu was that on 18.3.1978 at about 6 p.m. he fired a shot from his unlicensed gun on the deceased Yashwant Singh who fell down as a result of that injury and succumbed to, it about five hours after receiving it. He was further charged under Sec. 307/34 Penal Code be,cause his companions Amarnath and Ram Mohan had fired from their licensed guns attempting to hit the other witnesses. Likewise, appellant Amarnath and Ram Mohan were charged under Sec. 302/34 Penal Code and 307/34 Penal Code for having incited and fired at. It may be mentioned here specifically that admittedly the alleged firing resorted to by Amarnath and Ram Mohan had not hit anybody.