KANHAI Vs. STATE OF U P

JUDGEMENT

(1.) THE three appellants, namely, Kanhai, Parasu and Raghuvir in this appeal have been found guilty by the 1st Addl. Sessions Judge, Moradabad vide his judgment and order dated 17.2.1982, passed in S.T. No. 503 of 1979 for the charges against them under section 302 read with section 34 I.P.C. Section 307 read with section 34 I.P.C. and section 324 read with section 34 I.P.C. On the first count each of the appellants has been sentenced to imprisonment for life and on he second count each of the appellants has been sen ­tenced to five years R.I. and on the third count each of the appellants was sentenced to one year's R.I. However, the different sentences awarded to the appellants were ordered to run concurrently.

(2.) DURING pendency of appeal appel ­lant Raghuvir and Kanhai died and their appeal stood abated vide order of this Court dated 14.7.2005.

(3.) THE present occurrence took place on 18.1.1979 at about 9.00 a.m. when de ­ceased Nanhoo along with the family members was ploughing the land, which was transferred by his father Shiv Lal in favour of his wife Phoolwati. His wife Phoolwati was also present along with Mohan Sharan, Smt. Nathia and Chiranji for picking up potatoes from the field. Ap ­pellant Kanhai (deceased) armed with tabal and his sons appellant Parasu Ram and deceased appellant Raghuvir armed with Chhuri and knife respectively along with others Laxman and Tika Ram who were armed with lathis came on the field of Nanhoo.