VISHWANATH GADERI AND ORS. Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dated 16.10.1982 passed by the IIIrd Addl. Sessions Judge Azamgarh in Sessions Trial No. 230 of 1981, (State versus Vishwanath Gaderi & others) whereby the appellants have been convicted and sentenced under section 302/149 IPC to undergo life imprisonment. The appellants were further convicted and sentenced under section 323/149 IPC to undergo one year rigorous imprisonment. The appellants no.1 to 4 namely Vishwanath Gaderi, Suryanath Yadav, Jagni and Kanta were also convicted & sentenced under section 148 IPC to undergo two years rigorous imprisonment. The appellant no.5 namely Lal Chand Chauhan was directed to undergo one year rigorous imprisonment under section 147 IPC. All the sentences were directed to run concurrently against each of the accused appellants. During the pendency of the appeal, the appellants no.1 & 5 namely Vishwanath Gaderi and Lal Chand Chauhan have died as per office report dated 8.4.2015 confirming about their death hence the appeal against them has already abated vide order 19.5.2015 passed by another Bench of this Court.

(2.) Heard Sri Dilip Kumar assisted by Sri Kailash Prakash Pathak learned counsel appearing on behalf of the surviving appellants no.2,3, and 4, learned Government Advocate Sri Akhilesh Singh and learned AGA Sri Narendra Kumar Singh appearing on behalf of the State and have been taken through the record.

(3.) The emanation of the facts giving rise to the present appeal in a short conspectus is that an F.I.R. was lodged by Vishwanath alias Visuni on 25.5.1981 at 2.15 p.m. in respect of the incident of the same day occurred at 1.30 p.m. against nine persons namely Vishwanath Gadari ,Suryanath Yadav, Kanta, Jami , Balchand , Barakhu, Babban and Lalchand. Out of nine accused persons, the trial court had acquitted four persons namely Suryanath Gadari, Barkhu Yadav, Balchand Yadav and Babban thus this Court is now proceeding to hear the appeal against the surviving appellants no.2,3 and 4 viz. Surya Nath Yadav, Jangi alias Jami Yadav and Kanta Yadav respectively.