JAGANNATH AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No. 4201 of 2013 has been filed by appellants Jagannath and Chhavi Lal, Criminal Appeal No. 1904 of 2000 has been filed by appellant Brij Behari, Criminal Appeal No. 3117 of 2002 has been filed by appellant Deen Dayal, Madan Pal and Dayaram and Criminal Appeal No. 3118 of 2002 Binda, Bala Deen, Ram Pyare, Harpal, Raja Bhaiya and Baboo alias Babu Ram. Since, all the aforesaid four criminal appeals arise out of a common sessions trial number, as such, the same are being disposed of by a common judgment.

(2.) Aforesaid four criminal appeals arise out of a common judgment dated 2.8.2000 passed by learned Sessions Judge, Mahoba in Sessions Trial No. 382 of 1991, arising out of Case Crime No. 228/90, Police Station Kabrai, District Hamirpur (the then District Mahoba), under Ss. 147, 148, 149, 307 and 302, I.P.C. whereby the present appellants were convicted for the offence under Sec. 147, I.P.C. and were sentenced to undergo rigorous imprisonment for a period of one year. The appellants were further convicted for the offence under Sec. 148, I.P.C. and were sentenced with rigorous imprisonment for a period of three years. All the appellants were convicted for the offence under Sec. 302 read with Sec. 149, I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 10,000 each with default stipulation of two years additional rigorous imprisonment. Appellants Deen Dayal, Madan Pal and Dayaram were further convicted for the offence under Sec. 25 of the Arms Act and were sentenced to undergo rigorous imprisonment for a period of one year each and also with fine of Rs. 1,000 with default stipulation of six months additional rigorous imprisonment.

(3.) By the same judgment, other two accused persons who also faced trial alongwith present appellants namely, Ram Lal and Tijwa were acquitted of the charges levelled against them. There was one more accused Sahdev named in the F.I.R. but because of his death during trial, trial against him was abated. Appellant Binda died during pendency of the instant appeal and Criminal Appeal No. 3118 of 2002 was abated, so far as it related to appellant Binda, vide order dated 2.7.2015.