KALIKA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 12.1.2001, passed by the District and Sessions Judge, Jaunpur convicting the four appellants under Section 302, I.P.C. read with Section 302/149, I.P.C. and sentencing them for life imprisonment and fine of Rs. 3,000. In default of payment of fine further imprisonment of 4 months R.I. under Section 148, I.P.C. 3 years R.I., 10 years R.I. and fine of Rs. 2,000 under Section 307/149, I.P.C. In default of payment of fine within 30 days from the date of judgment 2 months R.I. and 7 years R.I. and fine of Rs. 2,000 under Section 380, I.P.C. In default of payment of fine a further imprisonment of 30 days from the date of judgment. All the sentences are directed to run concurrently. THE charge under Section 452, I.P.C. in alternative under Section 396, I.P.C. has been dropped.

(2.) THE appellants were allowed bail by this Court on 28.2.2001 but the Apex Court cancelled the order granting bail and directed the Division Bench to consider grant of bail after giving opportunity of hearing to the counsel for the first informant vide order dated 25.1.2006. THE appellant Kalika Yadav, son of Ram Ajor Yadav and Paras Nath Yadav, son of Kalika Yadav surrendered pursuant to the order of Hon'ble Supreme Court and are in jail since 5.9.2006. THE appellants Indra Prakash and Keshav Prasad alias Keshar sons of Ram Ajor did not surrender. We are informed that steps have been taken for procuring their attendance, their properties have been seized but till date whereabouts of these two appellants are not known.

(3.) THE F.I.R. was registered on the same day at 20.30 hours at Police Station Kotwali Shahganj, District Jaunpur situated three kilometres south from the place of occurrence under Sections 147, 148, 149, 307, 452, 395 and 397, I.P.C. THE case was registered at Case Crime No. 469 of 1990 which is Exhibit Ka-1.