RAM AVTAR BHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal No. 6430 of 2003 has been preferred by appellants Ram Avtar Bhar, Lahri and Bageshwar. Jail Appeal No. 5194 of 2005 has been preferred by appellant Ram Avtar Bhar and Jail Appeal No. 5201 of 2005 has been preferred by Bageshwar against the judgment and order dated 16.12.2003 passed by Additional Sessions Judge (IInd Fast Track Court), Ghazipur in Sessions Trial No. 281 of 2001 (State Vs. Ram Avtar and others) arising out of case crime no. 176 of 2001, under sections 304, 323, 506 IPC, Police Station Karimuddinpur, District Ghazipur whereby appellants Ram Avtar Bhar, Lahri and Bageshwar have been convicted and sentenced for the offence under section 304 read with Section 34 IPC to undergo 10 years' R.I. along with fine of Rs.2,000/- each and a default sentence of 1 year R.I.; under section 323 read with Section 34 IPC to undergo 1 year's R.I. All sentences were directed to run concurrently. Accused Kashi surrendered before the Court on 16.12.2003. After affording opportunity of hearing on punishment trial court also sentenced him for the offence under Section 304 read with Section 34 IPC for a period of 10 years' R.I. and fine of Rs. 2,000/- and and a default sentence of 1 year R.I.; under section 323 read with Section 34 IPC to undergo 1 year's R.I. All sentences were directed to run concurrently.

(2.) Since Criminal Appeal and both the jail appeals arise out of same judgment and order, they were heard together and are being disposed of by this common judgment and order.

(3.) Prosecution story, in brief, as unfolded in chik FIR (Ex.Ka. 2) is as follows :