SHYAM DHAR MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Appeal No. 2317 of 1980 filed by Shyam Dhar Misra, Gulabdhar Misra, Shesh Dhar Misra, Kailash Chandra Misra, Pramod Kumar Misra, Manoj Kumar Misra and Sabhapati Misra as well as Criminal Appeal filed by Onkar Misra are directed against the same judgment and order dated 2.10.80 passed by III Additional District and Sessions Judge, Varanasi whereby the learned Sessions Judge has convicted and sentenced Kailash Chandra Misra and Onkar Misra, Appellants, Under Section 148 IPC to two years' R. I. each and the remaining six Appellants Under Section 147 IPC to one year's R.I. each. Onkar Misra Appellant is further convicted and sentenced, Under Section 302 IPC to imprisonment for life and the remaining aforesaid seven Appellants are also convicted and sentenced to life imprisonment Under Section 307/149 IPC. Appellant Kailash Chandra Misra was further convicted Under Section 307 (later part) and sentenced to 7 years' R. I. and the remaining seven Appellants are also convicted and sentenced to seven years' R.I. Under Section 307/149 IPC. All the eight Appellants are further convicted and sentenced to 4 years' R.I. each Under Section 325/149 IPC and to a period of one year's R.I. each Under Section 323/149 IPC. All the aforesaid sentences were ordered to run concurrently.

(2.) All the Appellants and Sridhar Misra PW 17 are residents of the same village Kathauta, P.S. Gopiganj, District Varanasi. Except Sabhapati, Appellant, who is their Pattidar all the remaining 7 Appellants and Sridhar Misra PW 17 belong to one very prosperous family. Their interse relationship is quite clear from the following pedigree: <TAB> Pt. Kashi Prasad Misra / _________________________________________________________________________ / / / / / Laxmi Narain Shyamdhar Gulabdhar Sheshdhar Sridhar alias Rajdhar / | / (PW 17) Pramod | Manoj Kumar | ______________________________________ / / Onkar Misra Kailash Chandra Misra </TAB>

(3.) Pt. Kashi Prasad Misra was the head of the family who died on 15.2.75 about an year after this occurrence. Laxmi Narain Misra alias Rajdhar Misra is the eldest brother who is not involved in this case. Sridhar Misra PW 17 is the youngest brother and he is the main man behind the prosecution case against all the aforesaid seven Appellants. Pt. Kashi Prasad Misra and his aforesaid five sons lived in a big Pakka house known as " Kashi Sadan " situate in village Kathauta, P.S. Gopiganj, District Varanasi. Sridhar Misra PW 17 was married to Smt. Shashi Prabha, daughter of Pt. Amar Nath Dubey, M.L.A. resident of village Kathiyaon, District Varanasi. Complainant Gaya Prasad Dubey alias Bachau Dubey, father of Krishna Chand Dubey alias Babban Dubey PW 11 resident of village Leduka, P.S. Badshahpur, District Jaunpur was a cousin (Mausera Bhai) of the aforesaid Amar Nath Dubey, father-in-law of Sridhar Misra.