BRIJ LAL Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Appeal No. 1986 of 1982 has been filed by Brij Lal son of Umrao Kachi and Anandi son of Hardas Kachi both residents of village Khirakapura and Balak Dass son of Madho Dass Kachi resident of village Panari, District Lalltpur and Criminal Appeal No. 2126 of 1982 has been filed by Antu @ Anthony son of Joseph Issas resident of Village Panari, P.S. Kotwali, District Lalitpur and Harnam Singh son of Puran Singh resident of Baraura, P.S. Jakhaura, District Lalitpur. Since these two appeals arise out of the same judgment they have been connected and are being decided by one judgment.

(2.) These appeals have been filed against the judgment and order dated 18.8.1982 whereby the appellants have been found guilty and convicted under sections 399. 402 and 307/149, Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years. Appellants Harnam Singh and Antu @ Anthony have further been convicted under Sec. 25 Arms Act and have been sentenced to undergo rigorous imprisonment for six months. Brij Lai and two others were directed to be released on bail by order dated 20.8.1982 and Antu and another by order dated 3.9.1982 in these appeals.

(3.) I have heard Sri P.N. Mishra, learned Senior Counsel for the appellants and Sri Navin Shukla, learned Counsel for the State and have perused the material on record.