PREM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals have been preferred by the appellants against one and the same judgment and order dated 28-2-1980 passed by IInd Addl. District and Sessions Judge, Allahabad in Sessions Trial No. 81 of 1979, whereby the appellant, Prem, was convicted under Ss. 302 and 307, I.P.C. and was sentenced to life imprisonment under S. 302, I.P.C. and ten years' rigorous imprisonment under S. 307, I.P.C. while the appellant, Kallu was convicted under S. 301, I.P.C. punishable under S. 302, I.P.C. and also under S. 307, I.P.C. and was sent enced to life imprisonment under S. 302, I.P.C. and ten years' rigorous imprisonment under S. 307 I.P.C., as such we propose to dispose of these two appeals by a common judgment.

(2.) The facts giving rise to these appeals are that on 28-5-1973 at about 9.45 p.m. near the betel shop of Hari Lal in Mohalla Fatehpur Bichwa Police Station, Colonelganj, Allahabad, deceased, Munir Ahmad, was present. Hari Lal and Nanhey, injured, were also present there. As per prosecution version appellants, Lallu and Prem, on the exhortation of one Bhullan threw two hand made bombs towards the injured and deceased causing injuries to all these three persons and the injuries received by Munir Ahmad were proved fatal and he succumbed to his injuries in the hospital on 28-5-1973.

(3.) On the basis of the first information report, Ex.Ka-6, and the statements of injured and one Kishori Lal all these three accused persons, Lallu, Bhullan and Prem, were prosecuted. The trial Court, however, disbelieved the version of the prosecution as far as involvement of Bhullan was concerned and acquitted him by giving him the benefit of doubt. However, Lallu and Prem were held guilty under S. 301 punishable under S. 302, I.P.C. and also under S. 307, I.P.C. and were convicted and sentenced as mentioned above. Their sentences were, however, made to run concurrently.