LAWS(ALL)-2019-11-243

RAJWA Vs. STATE OF U.P.

Decided On November 26, 2019
RAJWA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Apul Misra, Ms. Shilpa Ahuja and Sri N.K. Mishra, learned counsel for the appellants, Sri Rakesh Kumar Gupta, learned counsel for the complainant and Sri M. P. Singh Gaur, learned A.G.A. for the State.

(2.) This criminal appeal has been filed against the judgment and order dated 04.05.1996, passed by Additional Sessions Judge, Hamirpur, in Sessions Trial No. 179 of 1990 (State vs. Rajwa and others), arising out of Case Crime No. 137 of 1988, Police Station Kabrai (Hamirpur), District Mahoba by which the appellants Rajwa, Shiva Narain, Babu Lal, Sipahi Lal, Pragi Lal and Lalloo have been convicted and sentenced for the offence under Section 147 I.P.C. for six months rigorous imprisonment each, for the offence under Section 304/149 I.P.C. for ten years rigorous imprisonment along with fine of Rs. 2000/- each and in default of fine six months additional imprisonment and for the offence under Section 323/149 I.P.C. for six months rigorous imprisonment along with fine of Rs. 500/- each and in default of fine one month additional imprisonment. The accused-appellant Pragi Lal has also been convicted and sentenced for the offence under Section 148 I.P.C. for six months rigorous imprisonment. However, accused persons Nanna and Bachcha have been acquitted by the learned trial court.

(3.) It appears that accused-appellant no. 4 namely Sipahi Lal has died and his appeal has been abated by the order dated 16.08.2019.