SHEODAN KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) All these four appeals have arisen from the judgement dated 30.1.1982 passed by the Special Judge, Budaun in S.T. No. 154 of 1979 connected with S.T. No. 439 of 1981. We propose to decide them by this common order. The accused-appellant in Criminal Appeal No. 337 of 1982 is Shiv Dan. In Criminal Appeal No. 356 of 1982 Dharmi is the accused-appellant. Trimal, Mahabir, Rameshwar and Natthu are appellants in Criminal Appeal No. 3.62 of 1982 and Mehdi Hasan has filed the last Criminal Appeal No. 389 of 1982. All of them have been convicted under Section 396 I.P.C and each of them has been sentenced to undergo life imprisonment,

(2.) We have heard Sri P.N. Misra. learned senior advocate for the appellants in Criminal Appeal No. 337 of 1982, Criminal Appeal No. 356 of 1982 and Criminal Appeal No. 362 of 1982. Sri Apul Misra was appointed amicus curiae for the accused-appellant Mehdi Hasan in Criminal Appeal No. 389 of 1982 by an order of this Court and he has also been heard. From the side of the State Sri R.K. Singh, learned A.G.A. has been heard.

(3.) An armed dacoity was committed in between the night of 8/9.7.1978 at the house of Bundi PW 1 in Village Arthal, Police Station Rajpura, District Budaun in which his nephew Kali Charan was murdered and Ram Prasad received injuries at the hands of the desperadoes who were 12 or 13 in number. The F.I.R. was lodged by Bundi PW 1 at the concerned Police Station on 9.7.1978 at 7.15 A.M., naming Shiv Dan as accused therein.