BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) Both the above mentioned criminal appeals arise out of same judgment and order of the trial court hence, the same are being heard and decided by this Court by this common judgement and order.

(2.) Both the criminal appeals have been preferred against the judgment and order dated 10.10.1983 passed by Additional Sessions Judge/Special Judge, E.C. Act, Etawah in S.T. No. 111 of 1980 convicting the appellant Bahadur Singh under sections 302 I.P.C. and 148 I.P.C. and sentencing him for imprisonment of life and two years R.I. respectively. Both the sentences were ordered to run concurrently. By the same judgment and order appellants Lakhan Singh, Kaptan Singh, Balram Singh, Mathura Prasad, Shyam Singh and Phool Singh have been convicted under sections 302/149 I.P.C. and 147 I.P.C. and sentenced each of them to imprisonment of life and one year R.I. respectively. Both the sentences were ordered to run concurrently.

(3.) Criminal appeal no. 2484 of 1983 has been filed by six appellants out of which appellant no. 2 Kaptan Singh son of Devideen and appellant no. 4 Mathura Prasad son of Banslal died during the pendency of appeal. The said appeal on their behalf has already been ordered to be abated by Co-ordinate Bench of this Court vide order dated 13.7.2016 and the said appeal survives with respect to appellant nos. 1 Lakhan Singh, appellant no. 3 Balram, appellant no. 5 Phool Singh and appellant no. 6 Shyam Singh only, hence the Court proceeds to adjudicate the aforesaid appeal with respect to the said appellants along with the connected appeal no. 2485 of 1983 filed on behalf of appellant Bahadur Singh, who is also an accused in the present case.