CHHOTAN GIRI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 11/01/1984, passed by Sri Manpokhi Lal Sharma, the then VI Additional Sessions Judge, Bulandshahr in Criminal Appeal No. 126 of 1993, Chhotan Giri and 4 others v. State whereby he dismissed the criminal appeal of all the five accused revisionists and upheld their conviction for the offences under Sections 147, 452 and 323/149, I.P.C. and their sentence of 3 months R.I. for the offence under Section 147, I.P.C. each; 6 months R.I. each for the offence under Section 452, I.P.C. and fine of Rs. 100.00 each and 6 months R.I. each for the offence under Sections 323/149, I.P.C. In default of payment of fine, each revisionist was ordered to further undergo two months R.I. as awarded by Sri K.V. Singh, the then Munsif Magistrate VIII, Bulandshahr on 26-3-1983 in Criminal Case No. 1087/156 of 1980, State v. Chhotan Giri and others.

(2.) The incident related to 6th Nov., 1979. There were two victims in the occurrence, namely, Kripa Shanker and Smt. Vidyawati. Smt. Vidyawati is alive and Kripa Shanker is now dead.

(3.) In this revision, a compromise application was filed on 7/04/1997 before this Court by all the accused-revisionists and also by Smt. Vidyawati, one of the victims, stipulating that other victim Kripa Shanker had died on 20-11-1988. The said compromise was sent to the Chief Judicial Magistrate, Bulandshahr for verification and it had been verified before him and has been received back after due verification.