KANHAIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kalpnath, learned counsel for the surviving appellant nos. 4 and 5, Mrs. Manju Thakur, learned AGA-1st for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction and sentence dtd. 31/7/1984 passed by Special Judge, Varanasi in Sessions Trial No. 240 of 1982, State Vs. Kanhaiya and 4 others, arose out of case crime no. 203 of 1982, P.S. Bhelupur, District Varanasi, whereby the five appellants have been convicted for committing the offence of murder after forming unlawful assembly under Sec. 302 read with Sec. 149 IPC and Sec. 147 IPC. EACH convict has been sentenced to life imprisonment u/s 302 IPC and one year's rigorous imprisonment for committing offence under Sec. 147 IPC. It is directed that both the sentences shall run concurrently.

(3.) Out of five accused-appellants, namely, Kanhaiya, Mannu, Bahadur @ Bhagudar, Chhedi and Madan, first three accused-appellants passed away during the pendency of appeal. Hence, the appeal was dismissed as abated against Kanhaiya and Mannu by order dtd. 2/2/2018, whereas appeal against Bahadur @ Bhagudar was dismissed as abated by order dtd. 30/8/2022.