VISHWA NATH AND ORS. Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants No. 1 to 6 namely Vishwanath, Amardeo, Jawahar, Mita, Jiut and Smt. Sukhdei respectively against the judgment and order dated 10.8.1982 passed by IIIrd, Additional, Sessions Judge, Mirzapur in Sessions Trial No. 32 of 1980 pertaining to crime No. 146 of 1977, Police Station Chunar, District Mirzapur whereby accused-appellants Amardeo and Jawahar have been convicted under Section 302/149 of the Indian Penal Code (in short "IPC") and sentenced to life imprisonment. They have also been convicted under Section 307/149 IPC and sentenced to seven years rigorous imprisonment, under Section 148 IPC one and a half year rigorous imprisonment and under section 323 read with section 149 IPC sentenced to six months' rigorous imprisonment. Accused-appellants Vishwanath, Mita, Jiut and Smt. Sukhdei have been convicted and each sentenced to undergo one year rigorous imprisonment under Sections 147 IPC, life imprisonment under Section 302/149 IPC and six months rigorous imprisonment under Section323/149 IPC. The sentences of each of the accused have been directed to run concurrently.

(2.) During the pendency of the appeal, appellant No. 1, Vishwanath, Appellant No. 2 Amar Deo and Appellant No. 6 Smt. Sukhdeo are reported to have died and the appeal on their behalf was dismissed abated vide order of this Court dated 22.8.2007. Appeal on behalf of the appellant No. 5 Jiut was also dismissed as abated by order dated 19.5.2015. Thus, the appeal on behalf of Appellants No. 1, 2, 5 and 6 has been dismissed as abated. We are now required to consider this appeal only with regard to the surviving appellants No. 3 and 4, who are alive, namely Jawahar and Mita respectively.

(3.) The prosecution story, in a nutshell is as follows;