MOTI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is before us to examine correctness of the judgment dated 19.07.1983 passed by learned IIIrd Additional Sessions Judge, Fatehpur in Sessions Trial No. 152 of 1982.

(2.) Learned trial Court under the judgment impugned recorded conviction of the accused-appellants Motilal and Chandra Bhushan for an offence punishable under Section 302 read with Section 34 Indian Penal Code and awarded sentence to undergo imprisonment for life term. During pendency of the appeal, accused Motilal has already been died on 26.03.2012. This fact has already been verified through the competent Authority and, as such, the appeal stands abated qua the accused-appellant Motilal.

(3.) The facts of the case as averred in the judgment impugned are that on 02.08.1981 at about 08:50 hours, a statement made by Sri Baisakhi son of Sundar was reduced in writing and, on basis of that, investigation initiated for commission of an offence under Section 323 Indian Penal Code at Police Station Kotwali, Fatehpur against the accused-appellants Motilal and Chandra Bhushan. The recitals of the first information report are as follows :