BHOTA Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Agarwal, J. These two appeals are directed against the judgment and order dated 7-8-1980 passed by the Illrd Additional Sessions Judge, Fatehpur, whereby the learned Addl. Sessions Judge found appellants Bhola, Lootey, Harish Chandra, Bhadaiya and Ram Vishal in Ap peal No. 1717 of 1980 guilty of offences under Sections 147/148 and 302/149, IPC The appellants Harish Chandra and Bhadaiya have been convicted for the of fence under Section 148, IPC and sen tenced to undergo rigorous imprisonment for two years each. Appellants Bhola Lootey and Ram Vishal were found guilty of an offence under Section 147, IPC and have been sentenced to undergo rigorous imprisonment for a period of one year each. All the five appellants have been found guilty of an offence under Section 302 read with Section 149, IPC and have been sentenced to undergo imprisonment for life. The appellants have also found guilty of an offence under Section 201, IPC but no separate conviction has been recorded against them because they have been convicted for the main offence under Section 302, IPc

(2.) KULLI and Shripal appellants in criminal Appeal No. 1716 of 1980 have been found guilty of an offence under Sec tion 201, IPC read with Section 149, IPC and have been sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 100 each and in default of payment of fine to undergo imprisonment for a period of three months.

(3.) THE F. I. R. also mentions the mo tive for this crime. It is stated that at about 10 a. m. the same day there was an exchange of words between Lootey's mother and Bodhi and Bodhi had accused 'lootey's mother of defaming them. In that incident Bodhi was alleged to have given 2-3 first blows to that lady. It is for this reason that the accused attacked and killed Bodhi. It was stated in the F. I. R. that the accused have taken the deadbody for throwing in Yamuna river and that she has come to the police station running and stumbling and that quick action be taken to prevent the dead body of Bodhi being thrown in the Yamuna river which was being carried by the aforesaid seven persons.