SURAJ BALI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 16.4.1983 passed by Special Additional Sessions Judge, Fatehpur in S.T. No.202 of 1982, State Vs. Suraj Bali and 5 others, under sections 147, 148, 302/149 IPC, P.S. Asothar, District Fatehpur and convicting all the six accused-persons for offences under section 302/149 IPC and further convicting accused Deo Muni for offence under section 148 IPC and all the rest five accused for offences under section 147 IPC and sentenced them with life imprisonment under section 302/149 IPC, two years rigorous imprisonment under section 148 IPC and one year rigorous imprisonment under section 147 IPC. Feeling aggrieved, all the six accused jointly filed present appeal seeking their acquittal.

(2.) The brief facts relating to the appeal are that:-

(3.) On F.I.R., having been lodged promptly against the named accused at case crime no.30 of 1982, the investigation was conducted by Investigating Officer and upon preparation of the inquest report, sending body of deceased for post mortem examination and collecting sufficient material evidence against accused-persons, charge sheet was submitted, upon which cognizance was taken and the case was committed to sessions. The Additional Sessions Judge (Special Judge), Fatehpur, framed charges under sections 302 read with section 149 IPC against all the accused-persons for committing offence and causing death of Lalni on 4.4.1982 at 1:00 p.m., charges under section 148 IPC against Deo Muni @ Putti, who was armed with gun and charges under section 147 IPC against others who was armed with lathis. The accused-persons denied from the charges and demanded trial.