JAGDISH MISHRA Vs. STATE

JUDGEMENT

(1.) Both the above noted Criminal Appeals have been preferred against the judgement and order of conviction and sentence dated 15.04.1986 passed by IInd Additional Sessions Judge, Deoria, in S.T. No. 199 of 1983 (State Vs. Jagdish Mishra s/o Bhola Mishra, Sugriv Kumar Mishra s/o Jagdish Mishra and Awadh Kishor Mishra s/o Jagdish Mishra) arising out of Case Crime No. 30 of 1983, under Section 302 read with Section 34 and Section 307 read with Section 34 I.P.C., P.S. Bhatpar Rani, District Deoria. All accused-appellants were awarded life imprisonment under Section 302/34 I.P.C. and convicted for 7 years rigorous imprisonment under Section 307/34 I.P.C. and appellants Sugriv Kumar Mishra and Awadh Kishor Mishra were also convicted for two years and one year rigorous imprisonment under Section 25 Arms Act in S.T. No. 37 of 1984. Further direction was issued by the trial Court that all sentences would run concurrently.

(2.) Since both the above noted Criminal Appeals have been preferred against the same judgement and order of conviction and sentence hence both the appeals were heard and are decided jointly by a common order.

(3.) Criminal Appeal No. 1173 of 1986 has been preferred by Jagdish Mishra who died during pendency of appeal hence appeal in respect of Jagdish Mishra stands abated. Appellant no. 2 Sugriv Kumar Mishra, appellant no. 3 Awadh Kishor Mishra were convicted under Section 302 read with Section 34 I.P.C.