ZAKIR AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The accused appellants, named above were convicted by Sri Daya Shankar, the then VIIth Additional Sessions Judge, Shahjahanpur, vide his judgment and order dated 6th Aug., 1990, under Sec. 396 I.P.C. and were sentenced to undergo R.I. for a period of 10 years each. Aggrieved of the said judgment, the appellants preferred this appeal. During the pendency of the appeal accused appellant Zakir was reported to have since been killed in an encounter. The appeal as against him is, therefore, abated and is being disposed of so far accused appellants Om Prakash, Chhutkai and Jhabbu are concerned.

(2.) The prosecution story briefly stated is as under:

(3.) The prosecution claimed that one Zakir son of Chhotey was recognised on spot as one of the bandits. The other bandits who were armed with gun, country made pistol and lathies were seen by the complainant Ved Prakash and other villagers in the light of the lantern, torches and the light of the fire of Chappar. Complainant Ved Prakash (PW-1) took the deceased in bullock cart and started for police station for lodging report about this occurrence. Sri Chhotey Lal succumbed to his injuries while on way to the police station.