TASSANS Vs. STATE OF U P

JUDGEMENT

(1.) As per report of the Chief Judicial Magistrate, Fatehpur dated 14.09.2018 appellant no.2 Wassan son of Wasiq Husain has died during pendency of this appeal and hence this appeal is dismissed as abated qua appellant no.2 Wassan son of Wasiq Husain.

(2.) In the present appeal, in all five appellants namely Tassan (A-1), Wassan (A-2), Abbas (A-3), Udai Bhan (A-4) and Jhalla Yadav (A-5) have challenged the judgment and their conviction and order of sentence dated 30.08.1986 passed by the learned Additional Sessions Judge, Fatehpur in S.T. No. 20 of 1985 (State Versus Tassan and others), pertaining to P.S. Kishanpur, District-Fatehpur. By the impugned judgment and order, the learned Trial Judge, Fatehpur had convicted the appellants namely Wassan (A-2), Abbas (A-3), Udai Bhan (A-4) and Jalla Yadav (A-5) under section 148 I.P.C. and sentenced them to undergo rigorous imprisonment for a period of one year and fine of Rs. 1000/- each, in default of payment of fine, they were further directed to undergo rigorous imprisonment for a period of three months each. The appellant Wassan (now deceased) was further sentenced to undergo rigorous imprisonment for life for the offence under section 302 I.P.C. The appellants Tassan, Abbas, Udai Bhan and Jhalla Yadav were further convicted under Section 302 I.P.C. read with section 149 I.P.C. and were sentenced to undergo imprisonment for life. However, appellant Tassan was not held guilty of the offence under Section 404 I.P.C. and he was acquitted of the same. All the sentences were directed to run concurrently.

(3.) The facts of the prosecution case as mentioned in the written report, may be summarized as under:-