BRIJBASI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Aftab Alam, learned counsel for the appellants and Sri Chandra Badan, learned AGA for the State.

(2.) Before proceeding with the case a parting observation of the Hon'ble Supreme Court in the case of Subal Ghorai Vs. State of West Bengal,(2013) 4 SCC 607. is worth quoting wherein investigative agency and the trial court were advised to be careful and responsive while investigation and conducting trial. The quote is reiterated underneath:-

(3.) This criminal appeal under Sec. 374(2) CrPC challenging the judgment of conviction has been preferred by two accused i.e. appellant no. 1 Brijbasi Lal S/o Chhote Singh (Father) and appellant no. 2- Keshav Singh @ Kallu S/o Brijbasi Lal (Son). During the pendency of appeal, father passed away and the criminal appeal abated against appellant no. 1- Brijbasi Lal. During the argument, the learned counsel for appellant submits that the sole surviving appellant Keshav Singh @ Kallu is also 78 years of age. The incident is of 4/12/1980, wherein the allegation against the sole surviving appellant is of opening fire at informant Rajendra Singh wherein Shiv Kumar Singh suffered gun shot injury. The role of exhortation is on the deceased. The trial court in judgment of conviction dtd. 26/6/1987 in Sessions Trial No. 165 of 1986 (State Vs. Brijbasi Lal and another) has awarded punishment of rigorous imprisonment of three years and Rs.5000.00 fine against the sole surviving appellant. In default of payment of fine, he was directed to undergo further one year rigorous imprisonment. There is no point of mentioning the punishment awarded on Brijbasi Lal (deceased).