SUBHASH Vs. STATE

JUDGEMENT

(1.) Heard Ms.Seema Pandeya, learned Amicus Curiae, appearing on behalf of sole appellant, namely, Subhash @ Pappu and Sri Patanjali Mishra, learned AGA for the State.

(2.) This criminal appeal is directed against the judgment and order dated 27.5.1985 passed by IVth Additional District and Sessions Judge, Agra, in Sessions Trial No. 361 of 1982 convicting and sentencing the appellant under Section 302 IPC for life imprisonment and under Section 148 IPC for three years rigorous imprisonment. Both the sentences have been directed to run concurrently.

(3.) The prosecution case, in short, is that deceased, Bangali, was employed on the fair price shop of Hari Om in Galla Mandi, Firozabad, and was doing the work of weighing the goods in the shop. Few days prior to the incident dated 4.12.1980, Subhash Chand @ Pappu s/o Baijnath, Promod and Munna Lal came to the shop of Hari Om and asked the deceased, Bangali, to give them sugar and kerosene oil without producing ration card, which was refused by the deceased.