SUKKHU AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 16.03.1988/17.03.1988 passed by Special Judge, Varanasi, in Session Trial No.154 of 1984 State Vs. Doman and others, arising out of Case Crime No.34 of 1982 under Sections 304 Part II read with Section 34, 323 read with Section 34 IPC, Police Station- Dhanapur, District- Varanasi, whereby the accused-appellants have been sentenced to undergo five years rigorous imprisonment under Section 304 Part II read with Section 34 IPC and one year rigorous imprisonment under Section 323 read with Section 34 IPC. All the sentences were directed to run concurrently.

(2.) Relevant to mention that in this case, out of the three appellants in all, two appellants namely Sukkhu and Rajjan @ Rajju @ Rajai have died, therefore, the appeal qua appellants Sukkhu and Rajjan @ Rajju @ Rajai stood abated vide order dated 01.03.2017.

(3.) Heard Sri Veer Singh, learned counsel for the surviving appellant Doman, learned AGA for the State and perused the record.