SHIV DAN Vs. STATE OF U P

JUDGEMENT

(1.) -All these four appeals have arisen from the judgment 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. 362 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.) SKIPPING unnecessary details, it should be pointed out that Kali Charan aged about 20 years had received and died of gunshot injuries. One of such injuries had been sustained in the chest and the other in the right arm. The other injured Ram Prasad had also received gunshot injuries. He was subjected to medical examination on 9.7.1978 at 5.10 p.m. whereas post mortem over the dead body of the deceased Kali Charan was conducted on 10.7.1978 at 4.15 p.m.