MIRZA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgement dated 10-7-78 passed by Sri S. S. Gupta, Fifth Additional District and Sessions Judge, Varanasi in Sessions Trial No. 177 of year 1977 convicting the appellants Mirza, Kishore, Ram Bala alias Ram Bal, son of Mirza, Multaz, Sukhpal, Algauj, Ramdhari, Nithohar, Bansu, Ram Kewal, Swaroop, Keshav, Sriram, Phaggu and Banarasi, and sentencing them for life imprisonment under Section 302/149 I.P.C., for 5 years rigorous imprisonment under Section 324/149 I.P.C. and one year rigorous imprisonment u/S. 323/149 I.P.C. after holding them guilty of the above mentioned charges.

(2.) Above mentioned appellants/accused Paras, Sriram, Phaggu and Banarasi have been found guilty on the charge under Section 148 I.P.C., convicted and sentenced to two years rigorous imprisonment, and the remaining 4 appellants have been found guilty on the charge under Section 147 I.P.C., convicted and sentenced to one year rigorous imprisonment. The above sentences have been directed to run concurrently.

(3.) It is admitted to parties that appellant Mirza is dead consequently his appeal has abated.