JWALA PRASAD TEWARI Vs. STATE OF UTTAR P

JUDGEMENT

(1.) D. V. Sharma, J. All the above mentioned appeals arise out of the same judgment and order dated 31. 10. 1984 passed by 1st Additional and Sessions Judge, Barabanki in joint criminal trials, leading case of which is Sessions Trial No. 90-A of 1974, convicting and sentencing the appellants to undergo 3 months' R. I. under section 147,i. P. C. , 3 months' R. I. under section 120-B, 3 months' R. I. under section 162 read with section 149 I. P. C. , 3 months' R. I. under sections 343 read with section 149, 3 months' R. I. under section 353 read with section 149 I. P. C. , 3 months' R. I. under Rule 119 (5) of the Defence of India Rules, 6 months' R. I. under Rule 43 (5) of the Defence of India Rules, 6 months' R. I. under section 365 read with section 149 I. P. C. , 6 months' R. I. under section 6 (b) and 6 months' R. I. under section 7 (c) of the P. A. C. Act read with section 149 I. P. C. All the sentences were ordered to run concurrently, but the appellants were acquitted under sections 148 and 332 read with section 149 and 409 read with sections 149 and 394 read with sections 149 and 506 read with sections 149 and 504 read with sections 149 and 393 read with sections 149 and 384 read with sections 149 and 395 I. P. C. , under sections 25 and 27 of the Arms Act and section 6 (c) of P. A. C. Act, read with section 149 I. P. C.

(2.) AT the very out set we may point out that two accused persons namely Ziledar and Chandrashekher have not filed any appeal. Appellant Brahm Bux Singh, Ali Husain and Ram Sajan are reported to be dead, hence their appeals stand abated.

(3.) SRI S. N. Gupta got scribed a written report (Ext. Ka-7) in Hindi by Mahavir Prasad P. W. 3 the then Quarter Master and put his signature in English and sent the same to P. S. Masauli through SRI Nand Lal Singh Assistant Commandant, on the basis of which a check report Ext. Ka-46 and copy of general diary Ext. Ka-47 were prepared on 27. 5. 1973 at 12. 20 p. m. and a case was registered under sections 121,122, 342, 343, 148, 149, 395 and 383 of I. P. C. against the named P. A. C. personnel in the First Information Report and four hundred others.