CHOKHE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Chandra Tiwari, learned counsel for the appellant and learned A.G.A. for the State.

(2.) The accused-appellants were tried by the Court below for charge under Ss. 147, 307, 302, 149, 148 and 452 I.P.C.

(3.) This criminal appeal has been filed against the judgment and order dtd. 28/4/1983 passed by VIIth Additional Sessions Judge (Higher Criminal Court), Budaun in Sessions Trial No.8 of 1983 arising out of Case Crime No.81 of 1983, (State vs. Chokhe and others), whereby accused-appellants, Chokhe and Kunwar Sen have been convicted and sentenced for the charge under Ss. 147, 302/149, 452 I.P.C. and the trial Court sentenced them to imprisonment for life for charge under Sec. 302/149 I.P.C. and also convicted and sentenced them under Sec. 147 I.P.C. for one year rigorous imprisonment and convicted and sentenced them under Sec. 452 I.P.C. for two years rigorous imprisonment. Accused-appellants, Shree Ram, Mohan Lal and Krishna have been convicted for the charge, under Ss. 302 I.P.C. and are sentenced to imprisonment for life and they are also convicted under Ss. 148 and 452 I.P.C. and sentenced to two years rigorous imprisonment for each charge. All the sentences are directed to run concurrently. All the accused-appellants were acquitted of charge under Ss. 307/149 I.P.C.