CHHOTUA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant Chhotua against the judgment and order dated 16.1.1982 passed by the learned Sessions Judge, Banda in S.T. No. 291 of 1981 (State Vs. Chhotua and another) under Section 302 I.P.C., Police Station Pailani, district Banda whereby the appellant Chhotua and one Chhedua (since died) have been convicted and sentenced for an offence under Section 302 IPC to undergo imprisonment for life. Accused Chheduwa was further convicted for an offence under Section 404 IPC and was further sentenced for one years' rigorous imprisonment. Further direction was that all the sentences shall run concurrently.

(2.) Criminal Appeal No. 212 of 1982 filed on behalf of the co-accused Chheduwa was abated by order of this Court dated 20.8.2004, therefore, appeal filed by the appellant Chhotua i.e. the present Criminal Appeal No. 1813 of 1982 is only before us. We proceed to deal with this appeal.

(3.) Prosecution story in nut shell is as follows :