UMESH CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Umesh Chauhan has filed Crl. Appeal No.5021 of 2004, while Crl. Appeal No.4806 of 2004 has been filed by three appellants, namely, Ballu Jatav @ Kallu, Shakil and Arvind. All appellants have assailed the judgment and order dated 14.9.2004 passed by the Additional Sessions Judge,(Fast Track Court No.1) in Sessions Trial No.301 of 1999 (State Vs. Ballu @ Kallu and others) arising out of Crime No.466 of 1999 Police Station (P.S.) Maudarwaja, District Farrukhabad whereby appellant Umesh Chauhan was convicted under Section 302 of Indian Penal Code (IPC) and sentenced to life imprisonment and fine of Rs.500/- with default stipulation. Remaining appellants, namely, Ballu Jatav @ Kallu, Shakil and Arvind were convicted under Section 302 read with Section 149 IPC and sentenced to life imprisonment and fine of Rs.500/- with default stipulation. All appellants were further convicted to punishment of one year each under Sections 147 and 148 IPC. All sentences were ordered to run concurrently.

(2.) Co-accused Dinesh died during course of trial, therefore, criminal case against him stood abated even during the trial. Appellant Shakil also died during pendency of this appeal, therefore, appeal filed on his behalf also stand abated. This Court is now concerned only with the appeal of appellants Umesh Chauhan, Ballu Jatav @ Kallu and Arvind.

(3.) Prosecution story in brief is that appellant Umesh Chauhan etc. extorted Rs.10/- from deceased Munna on 25.5.1999 for consumption of alcohol despite his protest. Next day deceased Munna demanded the return of his money citing his poverty but appellant Umesh Chauhan reportedly abused him and also threw him out.