DAYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal under Section 374(2) Cr.P.C. has been filed against judgment and order dated 21.06.1979 passed by Sri S.D.N. Singh, Sessions Judge, Mirzapur in Sessions Trial No. 239A of 1976, convicting and sentencing appellants (1) Daya Ram, (2) Ramji Dubey, (3) Mithlesh, (4) Vijay Shanker and (5) Kripa Shanker @ Baba, under Section 302 read with Section 149 IPC to undergo imprisonment for life. All of them have further been convicted and sentenced under Section 323 IPC to undergo six months Rigorous Imprisonment (hereinafter referred to as 'R.I.') and under Section 324 read with Section 149 IPC to undergo one year's R.I. Accused-appellants Vijay Shanker, Kripa Shanker @ Baba and Ramji Dubey have also been convicted under Section 148 IPC and sentenced to suffer two years' R.I. Accused-appellants Mithlesh and Daya Ram have been convicted and sentenced under Section 147 IPC to undergo one year's R.I.

(2.) During pendency of this appeal, Appellant-5 Kripa Shanker @ Baba and Appellant-3 Mithlesh have died hence, appeal stood abated qua them vide orders dated 15.10.2009 and 19.04.2017, respectively. Hence, this appeal survives only with respect to appellants-1, 2 and 4.

(3.) Prosecution version, as emerging from First Information Report (hereinafter referred to as 'FIR') and material available on record may be set-forth as follows.