PAPPU @ SHIV PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Arvind Kumar Tiwari, learned counsel for the appellant, Mr. Chandra Shekhar Pande, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 1.6.2005 passed by learned Additional Sessions Judge, Court No. 7, Raebareli in Sessions Trial No. 89 of 1993 arising out of Case Crime No. 103 of 1992, Police Station Unchahar, District Raebareli whereby four accused persons, namely, Puttan alias Ram Prakash, Pappu alias Shiv Prakash, Guddu alias Rama Kant and Amrit Lal took their trial. However, only present appellant Pappu alias Shiv Prakash was convicted under Section 302/34 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 5,000/- with default stipulation of three months additional imprisonment.

(3.) The case against appellant Puttan alias Ram Prakash was abated because of his death during trial. However, by the impugned judgment, other two accused persons, namely, Guddu alias Ramakant and Amrit Lal were acquitted of charges levelled against them and main reason of their acquittal was that they were not named in the F.I.R. Admittedly no appeal has been preferred by the State.