STATE OF U P Vs. SUNDARI & OTHERS

JUDGEMENT

(1.) Both the appeals are directed against the judgment and order dated 24.03.1987 passed in Sessions Trial No. 236 of 1982 (State Vs. Sundari and others) and Sessions Trial No. 325 of 1983 (State Vs. Gopal Mishra), whereby accused-appellants Sundari, Jayanti, Gopal and Jagdish were convicted and sentenced under Sections 325 read with Section 34 and 149 to undergo three years R.I and under Section 324 read with Section 34 and 149 I.P.C to undergo two years R.I. In addition to it accused Jagdish, Gopal and Jayanti were further convicted and sentenced to one year's R.I. each for the offence under Section 147 I.P.C and accused Sundari was sentenced to undergo one year R.I. under Section 148 I.P.C.

(2.) The Government Appeal No. 1890 of 1987 has been filed by the State assailing the finding of acquittal of all the four accused for offence under Section 302/34 I.P.C. The Criminal Appeal No. 873 of 1987 has been filed by accused-appellant Sundari, Jayanti, Gopal and Jagdish against their conviction and sentence.

(3.) We have heard Sri S. N. Tripathi, learned Additional Government Advocate for the State and Sri K. K. Singh, learned counsel appearing for the accused in both the appeals.