MITHAIYA Vs. STATE

JUDGEMENT

(1.) All these appeals have arisen from a common judgement dated 9.12.1999 and order dated 14.12.1999 passed by Sri A.K. Mishra, Additional Sessions Judge / Special Judge, (Dacoity Affected Area Act), Lalitpur.

(2.) Jail Appeal No. 8472 of 2008 has been preferred by accused-appellant Mithaiya under Section 383 I.P.C. through Senior Jail Superintendent, Agra whereas Criminal Appeal No. 109 of 2000 has been preferred by accused-appellant Rao Raja and Phool Singh and Criminal Appeal No. 251 of 2000 has been preferred by accused-appellant Kailash @ Mahendra Tiwari against the aforesaid judgement and order.

(3.) By the impugned judgement accused-appellants Mithaiya, Rao Raja, Phool Singh and Kailash @ Mahendra Tiwari have been convicted and sentenced to undergo life imprisonment under Section 302 read with Section 149 I.P.C. Accused-appellants Phool Singh and Rao Raja have been sentenced under Section 147 I.P.C. to undergo one year rigorous imprisonment, while accused-appellant Mithaiya and Kailash @ Mahendra Tiwari have been convicted and sentenced to two years rigorous imprisonment under Section 148 I.P.C. All the sentences of accused-appellants are directed to run concurrently.