LAWS(ALL)-2015-12-14

BHARAT AND ORS. Vs. STATE

Decided On December 04, 2015
Bharat And Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard Shri R.N.S. Chauhan, learned counsel for the appellants, and Shri R.K. Dwivedi, learned AGA for the State.

(2.) Instant appeal was preferred by eleven appellants. During pendency of this appeal, appellant no.5 Keshan and appellant no.10 Ambar expired. Accordingly, vide order dated 10.07.2014, the appeal with regard to above mentioned two appellants was abated.

(3.) It is a case of murder of one village Chowkidar named Parmeshwar, who has been brutally murdered and his head was chopped and was taken away by the accused persons. All eleven appellants namely Bharat, Pyarey, Sewak, Deota, Keshan, Maheshwar, Ram Saran, Prakash, Banwari, Ambar and Chhangu were convicted by the II Additional Sessions Judge, Sitapur, vide judgment dated 27.02.1982 and order dated 02.03.1982 in Sessions Trial No.61 of 1979 arising out of Case Crime No.81 of 1978, Police Station Sadarpur, District Sitapur. All the appellants were convicted for the offence under Section 302 IPC read with Section 149 IPC and were sentenced to undergo imprisonment for life and were further convicted for the offence under Section 201 IPC and were sentenced to undergo rigorous imprisonment for a period of two years. Appellants Bharat, Keshan, Pyarey, Chhangu, Deota, Maheshwar and Ram Saran were further convicted for the offence under Section 148 IPC and were sentenced to undergo rigorous imprisonment for a period of one year. Appellants Sewak, Prakash, Banwari and Amber were convicted for the offence under Section 147 IPC and were sentenced to undergo with rigorous imprisonment for a period of six months. All the sentences were directed to run concurrently.