SANTOO Vs. STATE

JUDGEMENT

(1.) THIS criminal ap peal, is directed against the judgment and order dated 24-9-1983, delivered by Shri K. P. Nigam, the then IIIrd Additional Ses sions Judge, Lakhimpur-Kheri in Session Trial No. 114 of 1983. He convicted San too, Mangali, Shahzade and Shri Krishna under Section 304, Part II read with Sec tion 34 of the Indian Penal Code and sen tence all of them to five years rigorous imprisonment.

(2.) THE appellant Mangali is said to have died during the pendency of this ap peal.

(3.) THEE accused were charged and tried under Section 302 read with Section 34 of I. P. C. They denied the charge and pleaded not guilty. The prosecution ex amined several witnesses including al leged eye- witnesses Ram Babu (P. W. 1), Nand Lal (P. W. 3) and Harish Chandra (P. W. 5 ). The learned Judge, believed the evidence of these eye-witnesses and con cluded that the accused assaulted Arun Kumar on 24-6-1982 at 7. 30 p. m. towards west of Sardarpur and Arun Kumar died of the same injuries and so all the accused committed an offence punishable under Section 304, Part II of the Indian Penal Code.