NIRHOO BADHAI Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals have been filed against the judgment and order dated 8.5.2000 passed by 1st Additional District and Sessions Judge, Azamgarh by which out of 10 accused-persons one Harish Chand Yadav was convicted and sentenced for the offences under sections 302, 148 and 436 IPC and section 25 Arms Act and rest 09 accused-persons were convicted and sentenced for the offences under sections 302/149, 147 and 436 IPC. Feeling aggrieved 09 convicted accused-persons jointly filed Criminal Appeal No.1058 of 2000, while one convict Harish Chand Yadav filed Criminal Appeal No.1118 of 2000 against the order of conviction and sentence under sections 302/149, 147 and 436 IPC and sections 302, 148 and 436 IPC and section 25 Arms Act respectively .

(2.) All the accused were tried in S.T. No.245 of 1996 for the offences under sections 147, 148, 149, 436, 302 IPC while accused Harish Chandra was also tried for offence under section 25 Arms Act in S.T. No.246 of 1996. The two sessions trials were decided together by a consolidated judgment and the two appeals against the one and same judgment were heard together and are being disposed of by one common judgment.

(3.) During pendency to criminal appeal No.1058 of 2000 appellant No.1 Nirhoo and appellant no.6 Moti Yadav were reported to have died and appeal in respect of them stood abated.