GOPAL AND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals were once heard by a Division Bench of this Court, consisting of Sri Girdhar Malviya, J. (since retired) and Sri B. K. Sharma, J. Both the Judges gave contradictory opinion. There was difference of opinion in their judgment. Shri Girdhar Malviya, J. upheld the conviction. Sri B. K. Sharma, J. after reading the judgment recorded by Sri Girdhar Malviya, J. was of the view that the appeals deserve to be allowed and all the appellants deserve acquittal.

(2.) Then there was again difference of opinion between both the Judges on the question whether the appeals be laid before the 3rd Judge or be re-heard and decided by a Larger Bench. The matter was then referred to Hon'ble the Chief Justice for appropriate orders. Hon'ble the Chief Justice by constituting this Larger Bench directed that the appeals be laid before the bench of three Judges for re-hearing and disposal. This is how these appeals came up for hearing and were heard by this Larger Bench.

(3.) Ram Ajore PW-1 lodged an FIR on 20-10-1983 at 2 a. m. in respect of the murders of Vijai Kumar, Vinod Kumar, Rampati and Sheo Kumar and dangerous injuries to Rakesh Kumar in the night of 19/20-10-1983 at 11.45 PM in village Lauhar Mahaiya Magra Tejpur, PS Mau Aima. Murders are said to have been caused by Pancham, Nan Bachcha alias Nanhe, Lallu, Deo Dutt., Gopal, Guddu and Ali Hasan. All of them are said to be armed with knives. Ali Hasan died during the trial and the case against him abated. The remaining six accused persons were convicted and sentenced to death punishment under Sec. 302 IPC, seven years rigorous imprisonment and a fine of Rs. 5000.00 under Sec. 307 read with Sec. 149 IPC and two years R. I. under Sec. 148 IPC.