KESHAV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) R. N. Ray, J. Against the judgment and order of sentence passed in S. T. No. 189/79, Krishna Pal Singh preferred criminal revision and according to revisionist the sentence awarded was dis proportionate for the offences committed by the accused persons and as such he has prayed for enhancement of the sentence so the revision application is also being taken up for due consideration along with this criminal appeal No. 2883 of 1980.

(2.) ALL the accused convicts have preferred this appeal against the judgment and order of sentence dated 10-12-80 passed by Sri G. D. Dubey, learned I Additional District & Sessions Judge, Jaunpur which. . . . . . . from crime No. 138 dated 10-12-78 of P. S. Badlapur, district Jaunpur. Originally the case stated as per the F. I. R. under Sec tions 147,148,323 and 304 Part II. Later on I Additional. Sessions Judge, Jaunpur, Sri G. D. Dubey framed the charges under Sec tion 147, 323 and 149,i. P. C. against all the accused persons and against Keshav Prasad under Sections 302 and 149, I. P. C. and against his father Katak Bahadur Singh under Section 302 and 149 I. P. C. and the remaining accused persons were also charged under Sections 147, 323, 302, 149 I. P. C.

(3.) P. W. 1 Sarjoo Singh wrote a report which was marked as Ext-ka-5. Awadh Narain was taken on a cot to Maharajganj and thereafter Awadh Narain and Krishna Pal Singh were taken to the police Station, they reached there at 3 p. m. Sri Jagdish Mishra constable Moharrir prepared a chik report which was marked as Ext-ka-9 and a case was registered under Sections 147,148, 323, 326 and 325, I. P. C. and an entry was made in the G. D. which was marked as Fjrt-ka-10.