NOKHEY Vs. STATE OF U P

JUDGEMENT

(1.) A. Mateen, J. Appellants Nokhey, Shyamu, Chhedi and Gokul preferred this appeal against the judgment and order dated 25. 11. 1981 passed by IIIrd Additional Sessions Judge, Unnao in Sessions Trial No. 352 of 1981 convict ing and sentencing the appellants as under: Nokhey: Under Section 302, IPC to life imprisonment and under Section 148, IPC to two years' R. I. ; Shyamu: under Section 302, IPC read with Section 149, IPC to life imprisonment and under Section 147, IPC to one year's R. I. ; and Chhedi: under Section 302, IPC read with Section 149, IPC to life impris onment and undersection 147, 1 PC to one year's R. I.

(2.) APPELLANT Gokul son of Jiya Lal died during the pendency of the appeal and by order dated 25. 9. 2007 appeal on his behalf was ordered to abate. It is also pertinent to mention here that one Hira Lal was also charged under Section 302, IPC read with Section 149, IPC and Section 147, IPC but he was acquitted by the learned trial Court.

(3.) COMPLAINANT Gokul Prasad scribed the written report (Exhibit Ka-1) and lodged it at police station Gangaghat, district Unnao on 3. 6. 1980 at 8:35 AM. The distance of the police station from the place of incident is six miles.