JAUHARI Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is directed against a judgment and order of Sri Vikramaditya Kulshreshth, the then Special Judge (Dacoity Affected Areas), Farrukhabad, dated 27.02.1982, passed in Special Sessions Trial no.3 of 1982, State vs. Jauhari and three others (arising out of Case Crime no.430/81 and Case Crime no.433/81), Police Station Kayamganj, District Farrukhabad, convicting the appellants of offences punishable under Sections 399, 402 IPC, Sections 25 and 27 of the Arms Act, and, sentencing them on each count, in the following manner:

(2.) Be it noted here that this appeal that was filed jointly by Jauhari, Phool Singh, Ram Prakash and Bhagwan Sahai, survives to be heard at the instance of appellant no.2, Phool Singh alone. Appellants Jauhari, Ram Prakash and Bhagwan Sahai, died pending appeal and at their instance this appeal was ordered to stand abated vide order dated 16.02.2016.

(3.) The prosecution commenced on a recovery-cum-arrest memo dated 19.12.1981, on the basis of which a single chik First Information Report giving rise to four Case Crimes, bearing nos.:430 of 1981, under Sections 399, 402, 307 IPC, 431 of 1981, 432 of 1981, and, 433 of 1981, the last three all under Sections 25/27 of the Arms Act, were registered at Police Station Kayamganj, District Farrukhabad. Case Crime no.430 of 1981 was registered against all the appellants, Jauhari, Phool Singh, Ram Prakash and Bhagwan Sahai, together, whereas Case Crime nos.431 of 1981, 432 of 1981 and 433 of 1981, were registered separately against Jauhari, Ram Prakash and Phool Singh, in that order.