ROHTAS AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Brijesh Sahai learned counsel assisted by Sri Bhavya Sahai learned counsel for the appellants and the learned A.G.A. for the State.

(2.) Present appeal has been filed against the judgment and order of conviction dated 10.11.1983 passed by I-Additional Sessions Judge, Meerut in Sessions Trial No. 486 of 1979 whereby the appellants have been convicted and sentenced to undergo imprisonment for life for the offence under Section 302/34 IPC and rigorous imprisonment of one year for the offence under Section 324/149 IPC. The appellant No. 1 and 2 have been further sentenced to undergo rigorous imprisonment of one year for the offence under Section 148 IPC and the appellant No.3 has been sentenced to undergo rigorous imprisonment of six months for the offence under Section 147 IPC. All the sentences were directed to run concurrently.

(3.) Learned counsel for the appellants contends that the incident took place on 29.9.1979 at 8.00 a.m. for which first information report was lodged on the same day at 12.00 p.m. at police station Baghpat, district Meerut in which three persons namely the appellants were named as accused persons who had committed the alleged offence. After lodging of the first information report,investigation was done, which resulted in filing of charge sheet by the concerned Investigating Officer and as the appellants, who were three in number, pleaded not guilty, they were put to trial.