Vishnu Sahai, J. - (1.) Five persons, namely, Sachchan Khan, Lal Mian, Umar Daraz, Mehndi Khan and Chhottan were charged by the Special and Additional Sessions Judge, Hardoi for offences punishable under sections 302 read with 149 IPC, 148 IPC and 201 IPC. Vide judgment dated 21.8.1985, the learned Judge convicted and sentenced them in the manner stated hereinafter: (i) Under section 302 read within 149 IPC to undergo Imprisonment for Life; (ii) Under section 148 IPC to undergo two years R.I.; and (iii) Under section 201 IPC to undergo four years' R.I. Their substantive sentences were directed to run concurrently.
(2.) Aggrieved by their aforesaid convictions and sentences Sachchan Khan, Lal Mian, Umar Daraz nd Mehndi Khan preferred Criminal Appeal No. 567 of 1985 in this Court and Chhottan Criminal Appeal No. 568 of 1985. During the pendency of Criminal Appeal No. 567 of 1985 appellant Sachchan Khan died and a Division Bench of this Court comprising of Hon'ble Virendra Saran and R.D. Mathur, JJ. vide order dated 18.8.2000 directed his appeal to abate.
(3.) Since both these appeals arise out of a common factual matrix and judgment, we are deciding them with a common judgment.;