(1.) The instant appeal filed by the accused -appellants is directed against the judgment and order dated 29.11.1982, passed by Sri K.C. Agrawal, the then IInd Additional Sessions Judge, Bahraich in ST No. 288 of 1980 (State Vs. Thenai and others), whereby they were convicted under Ss. 148, 302/149, 323/149 IPC and sentenced to undergo 1 -1/2 years' rigorous imprisonment, imprisonment for life and six months' rigorous imprisonment, respectively. All the sentences were directed to run concurrently. During the pendency of the appeal, appellant Suleman had died, appeal filed by him stood abated.
(2.) The prosecution case in the instant appeal, may be summarised as under:
(3.) At this chick FIR was scribed, Case Crime No. 112/80 under Ss. 147, 148, 149, 323 and 302 IPC was registered and requisite entry was made in the report of the general diary. Investigation was entrusted to Kailash Nath Pandey, Sub Inspector who investigated the crime and after his transfer charge sheet was submitted against the four named accused by sub -inspector Hem Narayan Singh. The case was committed to the Court of Session where against the appellants charges under Ss. 302/149, 323/149 and 148 IPC were framed who pleaded not guilty and claimed to be tried.
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