SIYA RAM UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) SIYA Ram Upadhya and Vijai Upadhya have filed Criminal Appeal No. 356 of 1978 and Bhoora, Lorika, Nanhaku, Bhikhari and Kunmun have filed Criminal Appeal No. 357 of 1978 against the judgment of III Additional Sessions Judge, Varanasi dated 4-2-1978 passed in Sessions Trial No. 152 of 1976. All the appellants have been convicted under Sections 302/149, 307/149, 324/149 and 323/149 IPC and have been sentenced to life imprisonment, five years rigorous imprisonment, one year rigorous imprisonment and six months rigorous imprisonment respectively. Nanhaku appellant has further been convicted under section 147 IPC and has been sentenced to six months rigorous imprisonment. The remaining appellants have further been convicted under Section 148 IPC and have been sentenced to one year's rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) BRIJ Mohan PW 3 is the son of Rambodh PW 1 and Gopal and Sheorati deceased were brothers of Rambodh PW 1.

(3.) THE first information report was lodged by Brij Mohan PW 3 at Police Station Chandauli at 6.30 a. m. on the same day (2-9-1974), the distance of the Police Station from the place of occurrence being four miles.