HARI NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both these appeals have been preferred against a common judgment and orders dated 30.06.1983 passed by the IV Additional Sessions Judge, Mirzapur in S.T. No. 43 of 1982 (State Vs. Hari Narain and others) arising out of Case Crime No. 61 of 1981, P.S. Ghorawal, District Mirzapur, convicting and sentencing the appellants to undergo rigorous imprisonment for six months under Sec. 147 IPC; one year's rigorous imprisonment under sections 201/149 Penal Code and life imprisonment for the offence under sections 302/149 IPC. In addition, the accused Hari Narain, Ram Raksha and Jagya Narain each were further convicted and sentenced to undergo rigorous imprisonment for one year under Sec. 148 Penal Code with a direction that all the sentences shall run concurrently. Hence, both the aforesaid appeals are being connected, heard and decided together by a common judgement.

(2.) It is relevant to mention here that while hearing these appeals, it has been noticed by us that the appeal preferred by appellant no. 2 Jagya Narain (in Criminal Appeal No. 1665 of 1983), appellant no. 2 Bhandu alias Pawaru, appellant no. 4 Parsottam and appellant no. 6 Biraj Kol (in Criminal Appeal No. 1895 of 1983) have already been abated, vide order dated 10.07.2012 passed by a coordinate Bench of this Court. Therefore, the appeals preferred by surviving accused appellants Laxman, Ram Raksha, Taulan, Hari Narain, Shanker and Jamuna are only being heard by this Court.

(3.) All the aforesaid surviving appellants have filed the aforesaid two appeals against the aforementioned judgement and orders dated 30.06.1983 on the grounds that the learned trial court has erred in believing the prosecution case and the evidence examined in support thereof. Further, the conviction of the appellants is against the weight of evidence on record and law.