BHAIRON PRASAD Vs. STATE

JUDGEMENT

(1.) Appellants have assailed the judgment and order dated 27.7.1982 passed by the then IIIrd Additional Sessions Judge, Banda in Sessions Trial No. 143 of 1981 (State of U.P. Vs. Sagar alias Shiv Sagar and others) arising out of Case crime no. 14 of 1981, under Sec. 302 read with Sec. 34 Indian Penal Code (in short, IPC), Police Station (in short, P.S.) Manikpur, District Banda whereby appellants were convicted and sentenced to undergo life imprisonment.

(2.) Appellant no. 1 Bhairon and appellant no. 4 Rajendra Singh have died, therefore, the appeal filed on their behalf stands abated in view of order dated 6.7.1916. This Court is now concerned with the appeal filed on behalf of surviving appellant no. 2, namely, Sagar @ Shiv Sagar and appellant no. 3 Anurudh Prasad @ Pullu only.

(3.) Prosecution case, in brief, is that on 15.2.1981 deceased Shiv Naresh, his brother informant Ram Naresh (PW-4), Ram Raj ((PW-3) and Ramroop went to Manikpur for purchasing logs and bamboos. They could not get proper timber, therefore, they were returning back by a Roadways Bus (Government Bus) from Manikpur to Karvi in the evening at 6:30pm. The U.P. Roadways bus No. U.T.P. 4062 was being driven by Sabir Ali (PW-2) and conducted by Shailendra Raizada (PW-1). Roadways bus stopped at Saraiya bus stand in the evening at about 6:45pm to enable the passengers to alight from the bus and also for boarding of new passengers from there.