JAGANNATH AND ORS. Vs. STATE

JUDGEMENT

(1.) Accused appellants Jagannath, Amar Nath, and Chotu alias Chutku have filed this appeal from jail under section 374(2) Cr.P.C. against judgement and order dated 16.9.1982 passed by learned Ist Additional District and Sessions Judge, Banda in S.T. No.58 of 1981 (State Vs. Jagannath and three others), under sections 302/323/34 I.P.C., Police Station Girwan, District Banda, whereby learned Ist Additional District and Sessions Judge, Banda has convicted accused appellants Jagannath, Amar Nath, and Chotu alias Chutku for offences punishable under section 302 I.P.C. read with section 34 I.P.C. and section 323 I.P.C. read with section 34 I.P.C. and has sentenced each of them to undergo life imprisonment for offence under section 302 I.P.C. read with section 34 I.P.C. and to undergo rigorous imprisonment for six months for offence under section 323 I.P.C. read with section 34 I.P.C. Learned Additional Session Judge has directed that both the sentences shall run concurrently.

(2.) Accused appellant Chotu alias Chutku has died during pendency of appeal. Appeal stands abated in respect of him.

(3.) Shri Amit Mishra appeared for the accused appellants and Shri Rajeev Gupta, learned A.G.A. appeared for State respondent.