MANGALI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Pawan Kumar Mishra, and Shri Amar Jeet Singh Rathore, learned counsel for appellants and Shri Sharad Dixit, learned AGA for the State were heard at length.

(2.) Instant appeal arising out of judgment and order dated 03.11.2004 passed by Additional Sessions Judge, F.T.C. No. 5, Hardoi in Session Trial No. 239 of 2004; State vs. Mangali and Nanhey @ Amar Singh, arising out of Crime No. 261 of 2003, under Sec. 302/34 IPC, P.S. Panchdeora, District -Hardoi, connected S.T. No. 240 of 2004; State vs. Nanhey @ Amar Singh, Crime No. 263 of 2003, under Sec. 3/25 Arms Act, P.S. Panchdeora, Hardoi and connected S.T. No. 241 of 2004; State vs. Mangali, Crime No. 265 of 2003, under Sec. 3/25 Arms Act, P.S. Panchdeora, Hardoi whereby accused Mangali and Nanhey @ Amar Singh were convicted under Sec. 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 10,000/ - each with default stipulation for one year's rigorous imprisonment. Accused were acquitted under Sec. 3/25 Arms Act.

(3.) According to the prosecution story, accused Mangali and Nanhey @ Amar Singh are cousins. Field of Mangali was auctioned in tehsil which was purchased by Bhagawati Saran and Avinash. Pappu @ Atma Ram was driver of tractor of Bhagawati Saran.