VIJAI KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. Satish Trivedi, senior advocate, assisted by Sri. Ajay Kumar Pandey, learned Counsel for the Appellants and learned A.G.A. for the State.

(2.) THE two appeals arise out of a common judgment passed by the II Ird Additional Session Judge, Jaunpur in Sessions Trial No, 172 of 1978. Five accused namely Vivek, Surendra and Udai Pratap including the present two Appellants Vijai Kumar and Vinod Kumar were sent up for trial. One more accused namely Bachanu is absconding. Three accused namely Vivek, Surendra and Udai Pratap have been acquitted by the Court below. Present two Appellants have been convicted under Section 304/149, I.P.C. and sentenced to three years R.I., under Section 324/149, I.P.C. and sentenced to one year R.I., under Section 323/149, I.P.C. and six months R.I. and under Section 148, I.P.C. one year R.I. All the sentences are directed to run concurrently.

(3.) THE post -mortem examination was conducted by Dr. R.P. Rastogi P.W. 3 on 10.8.1976 at 2.25 p.m. The following ante mortem injuries were found on the person of the deceased vide post -mortem report Ex. Ka -2.