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

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants namely No. (1) Sukhey, (2) Bhagwat, (3) Sheeshram, (4)Misri and (5) Nihal against the judgment and order dated 4.2.1983 passed by III Additional Sessions Judge, Bijnor in S.T. No. 461 of 1980, State v/s. Sukhey and others convicting the accused appellants under Ss. 147 and 302 of the Indian Penal Code (in short "the IPC"), Police Station Kotwali City Bijnor, District Bijnor and sentencing them to undergo three months' R.I. and rigorous imprisonment for life and to pay fine of Rs. 1000/ - each.

(2.) During the pendency of the present appeal, the accused appellants No. 3, 4 and 5 namely Sheeshram, Misri and Nihal died and the present appeal stood dismissed by this Court as abated against them, vide order dated 30.9.2015, by this court. Thus, the present appeal is being taken up for consideration on behalf of the remaining appellants namely Sukhey and Bhagwat only.

(3.) The prosecution story, in nutshell, is as follows: - -