TILAK RAM Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment of conviction in Session Trial No. 182 of 1979 under Sections 147,148,149, 307, I.P.C. passed by the lllrd Additional Sessions Judge, Basti. Ten accused namely Tilak Ram s/o Meene, Jag Mohan s/o Buddhoo, Mangal son of Meene, Kamla son of Mangal, Ram Deo son of Ram Awadh, Gafoor son of Solhar, Chunni Lal son of Gafoor, Sarju son of Gafoor, Sukhai son of Gafoor and Munni Lal son of Gafoor were sent up for trial and all of them were convicted and preferred the instant appeal. The appellant No. 1 Tilak Ram, appellant No. 2 Jag Mohan, appellant No. 6 Gafoor and appellant No. 10 Munni Lal have died during pendency of the appeal and appeal on behalf of them stands abated. I proceed to hear the argument on behalf of appellant No. 3 Mangal, appellant No. 4 Kamla, appellant No. 5 Ram Deo, appellant No. 7 Chunni Lal, appellant No. 8 Sarju and appellant No. 9 Sukhai.

(2.) Ms. Ibha Sinha Advocate was appointed as Amicus Curiae by this Court since the appellants were not turning up and the concerned Chief Judicial Magistrate was not able to submit compliance report whereby bail bonds were cancelled and a direction was issued to take steps against the sureties as well. Conviction of all the appellants in respect of whom the appeal is being argued, have been sentenced under Section 147, I.P.C. to six months R.I. under Section 307/149, I.P.C. to 7 years R.I. and 323/149, I.P.C. to six months R.I. All the sentences were directed to run concurrently.

(3.) The occurrence is alleged to have taken place on 16.12.1978 at 12 noon and the F.I.R. was lodged on the same day at 7.00 P.M. by PW-1 Bhanu Pratap Singh at Police Station Chhawani, District Basti situated at a distance of 4 Mile from the place of occurrence.