AWADESH KUMAR SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) The aforementioned appeals have been preferred by the accused-appellants against the judgement and order dated 24.04.1981 passed by the IInd Additional Sessions Judge, Fatehpur in Sessions Trial No. 225 of 1980 (State of U.P versus Vijai alias Bangali and others) under Sections 147, 148, 302/149 IPC, Police Station Kotwali, District Fatehpur whereby all the accused appellants have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sections 302/149 IPC. The accused appellants namely Awadhesh Kumar Shukla, Ashok Kumar Awasthi, Harish Tewari and Shishupal Singh have been convicted for the offence punishable under section 147 IPC and sentenced to undergo one year's rigorous imprisonment and the accused appellants Vijai alias Bangali, Rudra Pal and Jagdish have been convicted for the offence punishable under section 148 IPC and sentenced to undergo two year's rigorous imprisonment. All the sentences have been directed to run concurrently.

(2.) At the outset, it is pertinent to mention here that during the pendency of this appeal, the appellant no. 3- Harish Tewari, appellant no. 5-Vijai alias Bangali and appellant no. 6- Jagdish (in Criminal Appeal No. 790 of 1981) have died. Accordingly, vide order dated 14.03.2014, this Court has abated the appeal in respect of the appellant no. 3- Harish Tewari, appellant no. 5-Vijai alias Bangali and appellant no. 6- Jagdish.

(3.) Now, we are proceeding to consider the present appeal (790 of 1981) in respect of rest of the appellants i.e. appellant no. 1- Awadhesh Kumar Shukla, appellant no. 2-Ashok alias Ashok Kumar Awasthi, appellant no. 4-Shishu Pal Singh and the connected appeal no. 789 of 1981 filed by the appellant - Rudra Pal.