MANGARU AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this appeal, preferred under section 374(2) of the Code of Criminal Pro­cedure (in short "the Cr.P.C"), is to the judgement and order dated 17.10.1984 passed by Sri R.P. Mishra, the then 3rd Additional Sessions Judge, Azamgarh in S.T. No. 78 of 1982 (Stale v. Mangaru and others), whereby the appellants (1) Man­garu; (2) Ramjit; (3) Ram Achal; (4) Ram Bachan; and (5) Rajdev (hereinafter re­ferred to as 'the accused') have been con­victed and sentenced to undergo impris­onment for life under section 302 read with section 149 of Indian Penal Code (in short 'the I.P.C.) and rigorous imprisonment for five years under section 307 read with sec­tion 149 I.P.C. and the appellants Mangaru and Rajdev have further been convicted and sentenced to undergo rigorous impris­onment for six months under section 147 I.P.C. and the appellants Ramjit, Ram Bachan and Ram Achal have further been convicted and sentenced to undergo rigor­ous imprisonment for one year under sec­tion 148 I.P.C. All the sentences have been directed to run concurrently.

(2.) DURING the course of this appeal, the appellant Mangaru died and hence, the appeal has been abated against him vide order dated 24.9.2007.

(3.) ON the basis of written report (Ext, Ka-1), the then Head Moharrir, Bal Govind Tiwari prepared chik F.I.R. (Ext. Ka-2) and registered a case on 26.12.1981 at 6.30 p.m. under sections 147, 148, 149, 323, 324, 307, 302 I.P.C. at crime No. 106/1981 against Mangaru, Ramjit, Ram Achal, Ram Bachan and Rajdev and made entry in G.D. vide Ext. Ka-3.