CHANDA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal was filed by Chanda and his two sons, Niranjan and Jai Kumar against the judgment and order-dated 21.11.1980 passed by Sri R.R. Agrawal, the then Ist Additional Sessions Judge, Mathura in S.T. No. 185 of 1977 whereby he convicted appellant nos. 1 and 2 under Sections 326, 325 and 323, all read with Section 34 of Penal code. Chanda and Niranjan were sentenced to suffer rigorous R.I. for a period of one year and three months respectively under Sections 325/34 and 323/34 I.P.C. They were directed to pay fine of Rs. 100/-, Rs. 50/- also respectively thereunder. Accused Niranjan was sentenced to suffer R.I. for a period of three years and to pay a fine of Rs. 200/- under Section 326 I.P.C. Chanda was sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 200/- under section 325/34 I.P.C. In default of payment of fine, they were directed to undergo two months R.I., one month's R.I. and fifteen days R.I. under Sections 326, 325 and 323 I.P.C. respectively. All the sentences of both the accused were directed to run concurrently. So far as third appellant Jai Kumar is concerned, he was found to be a minor and was extended benefit of Section 4 of the U.P. First Offenders Probation Act.

(2.) Government Appeal No. 643 of 1981 was filed by the State against Jai Kumar against the judgment and order-dated 21.11.1980 passed by Ist Additional Sessions Judge, Mathura whereby accused Jai Kumar was given benefit of Section 4 of the U.P. First Offenders Probation Act. By means of Government Appeal No. 645 of 1981, the State came up to this Court challenging the acquittal of all the four accused-respondents of the charge under Section 307 read with Section 34 of the Penal Code.

(3.) All the aforesaid appeals have arisen out of a common judgment and order and as such, all the appeals were heard together and are being disposed of by a common judgment. During pendency of the appeal, accused Chanda and his son Niranjan expired and appeal filed by them and against them stood abated.