HARIBANSH SINGH Vs. A.G.A.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant Haribansh Singh against the judgment and order dated 4.3.1983 passed by II Additional Sessions Judge, Jaunpur in S. T. No. 11 of 1982, State Vs. Jillo alias Ziledar and another ( arising out of case crime No. 249/81), under Sections 302/34 and 323/34 of the Indian Penal Code (in short "the IPC"), Police Station Rampur, District Jaunpur whereby the accused appellant has been convicted under Section 302/34 IPC and sentenced to undergo life imprisonment and one years R.I. under section 323/34 I.P.C. Co- accused Jillo alias Ziledar was not found guilty and, therefore, was acquitted of the charges levelled against him by the trial court.

(2.) Government Appeal No. 1395 of 1983 (State of U.P. versus Jillo alias Ziledar) was preferred by the State against the judgment and order dated 4th March 1983 whereby Jillo alias Ziledar was acquitted. Another Division Bench of this Court admitted the government appeal vide order dated 21.9.1983 and directed the same to be tagged with the present appeal. However, during the pendency of the government appeal, the accused respondent Jillo alias Ziledar died, thus, the government appeal was dismissed as abated.

(3.) The prosecution story, in nutshell, is as follows:-