GULZARI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The aforesaid three appeals have been filed against the judgment and order dated 31-7-1978 in Sessions Trial No. A-281 of 1974. Two of the aforesaid appeals are represented Criminal Appeals by convicted accused whereas the third one is by the State against the acquittal of two of the nominated accused and also against the acquittal of convicted accused under various Sections. CRIMINAL APPEAL No. 2189 of 1978. In this appeal Gulzari Lal, Harish Chandra, Rewa Ram, all three armed with lathis, Om Prakash and Anil Kumar, armed with knives are the appellants. Gulzari Lal, Harish Chandra and Rewa Ram stand convicted under Section 323/34, I.P.C. and sentenced to three months' S.I. and a fine of Rs. 500.00. Om Prakash stands convicted under Section 304, Part II, IPC and sentenced to four year's R. I. and a fine of Rs.4000.00. Anil Kumar stands convicted under Section 324, IPC and sentenced to one year's R. I. and a fine of Rs. 1000.00. Appellants Gulzari Lal, Rewa Ram and Om Prakash have died during the pendency of this appeal and their appeal abates. For all practical purposes, therefore, the appeal of Harish Chandra and Anil Kumar has to be examined on merits. CRIMINAL APPEAL No.2294 of 1978. Appellant Banwari Lal stands convicted under Section 323/34, IPC and sentenced to three months' S.I. and a fine of Rs.500.00. Appellant Banwari Lal died during the pendency of this appeal. Consequently this appeal abates. Banwari Lal appellant said to have been armed with a lathi. GOVERNMENT APPEAL No.3008 of 1978: The State of U. P. has preferred this appeal against acquittal of all the appellants of the charges under Sections 147, 148, 307; 149, 302/ l49 IPC. This appeal relates to the acquittal of accused Prempal and Dharamvir of all the charges framed against them.

(2.) It may be mentioned here that there was yet another accused, i.e., the 9th one in the series, namely, Gyan Chandra who has died during the pendency of the trial and, therefore, the trial abated as against him but he was examined as defence witness No. 7 to prove the alleged defence version of the incident. His death apparently occurred after his deposition was recorded.

(3.) Sri Gopal Swarup Chaturvedi, learned counsel on behalf of the accused-appellants and respondents, Sri S. P. Tewari, learned counsel on behalf of the State of U.P. and Sri P. N. Misra, learned counsel on behalf of the informant have been heard at length in these appeals and the entire record has been scrutinised.