MOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Vide orders dtd. 10/8/2016, 3/5/2017 and 7/5/2025 appeal stood abated in respect of appellant no.2 Gulbadan, appellant no.5 Mahesh, appellant no.6 Ram Bhajan and appellant no.10 Shiv Poojan. Now, we proceed to consider the appeal on behalf of appellant nos.1 Mohan, appellant no.3 Rama Anuj, appellant no.4 Kaira, appellant no.7 Chippoo alias Umashanker, appellant no.8 Bhadela alias Kamlesh and appellant no.9 Gayan Bhooshan.

(2.) Heard Shri G.S. Chaturvedi, learned Senior Advocate holding brief of Shri Prashant Vyas, learned counsel for the appellant No.1, Shri Shashank Pandey, Advocate holding brief of Shri Rajeev Lochan Shukla, learned counsel for the appellant nos. 7 and 8, Shri Yogesh Narayan Shukla, learned Amicus Curiae for the appellant no.9, Shri Utsav, Advocate holding brief of Shri Ghanshyam Dwivedi, learned counsel for the informant and Shri O.P.Dwivedi, learned AGA-Ist for the State.

(3.) The appellants, by way of filing this appeal, have challenged their conviction and sentence under Ss. 302/149 IPC, vide judgement and order dtd. 3/11/1983 passed by the Additional Sessions Judge, Karvi, Banda, in Sessions Trial No.347 of 1980. Appellant nos.5 and 6 Mahesh and Ram Bhajan have been convicted and sentenced under Sec. 147 IPC for two years rigorous imprisonment and appellant no.2 Gulbadan has been convicted and sentenced under Sec. 307 IPC to 5 years rigorous imprisonment and a fine of Rs.5,000.00 has been imposed. As default of payment of fine one year rigorous imprisonment has been awarded. Appellant no.4 Kaira has been convicted and sentenced under Sec. 404 IPC to 3 years rigorous imprisonment and a fine of Rs.1,000.00 and in default of payment of fine of 9 months rigorous imprisonment has been awarded and appellants Mohan, Gulbadan, Kaira, Rama Anuj, Chippoo alias Uma Shanker, Bhadela alias Kamlesh, Gayan Bhooshan and Shiv Pujan have been convicted and sentenced under Sec. 148 IPC to two years rigorous imprisonment. All the sentences have been ordered to run concurrently.