BABU LAL Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Sharma, J. This is an appeal against the judgment and order dated 15. 12. 1979 passed by Sri G. S. N. Tripathi, the then IIIrd Additional Sessions Judge, Basti in S. T. No. 110 of 1975 along with connected S. T. Nos. 125 of 1975, 126 of 1975,127 of 1975,128 of 1975 and 129 of 1975, by which he convicted the accused- appellants Babu Lal, Gorakh, Mahangi, Moti Lal and Toofani of the offences under Sections 399/402, I. P. C. and sentenced each one of them to undergo R. I. for a period of 5 years for the offence under Section 399, I. P. C. and for the period of 5 years R. I. for the offence under Section 402, I. P. C. and further convicted Gorakh, Mahangi, Moti Lal and Toofani accused-appellants for the offence under Section 27 of the Arms Act and sentenced each one of them to undergo R. I. for a period of 6 months. Babu Lal accused-appellant, however, was acquitted by the learned Ses sions Judge for the offence under Section 27 of the Arms Act.

(2.) OUT of the accused-appellants, Babu Lal accused-appellant died during the pendency of the appeal and so the appeal has abated to his extent.

(3.) THE investigation in this case was made by Lallan Prasad Srivastava P. W. 3 himself and a charge-sheet was submitted by him against all the accused persons aforesaid for the offences under Sections 399/402, I. P. C. separate charge-sheets were submitted against Babu Lal, Gorakh, Mahangi, Moti Lal and Toofani accused-appellants under Section 25, Arms Act.