- (1.) Criminal Appeal No.182 of 1982 u/S. 374 (2), Cr. P.C. and Government Appeal No.946 of 1982 u/S. 378, Cr. P.C. have been filed challenging the impugned judgment and order dated 21.12. 1981, passed by learned Sessions Judge, Jhansi, in S.T. No.25 of 1980, whereby accused Ganga son of Ram Dayal, Mata Deen son of Gyani, Ram Sewak son of Jugal and Omkar son of Brikch Bhan were acquitted from the charges u/S. 147, 148, 302/149 and 376, IPC. Accused Veer Singh son of Basante was acquitted u/S. 376, IPC. But, he was held guilty and convicted u/Ss. 147, 302/149, IPC and was sentenced to undergo one year R.I. u/S. 147, IPC and to undergo imprisonment for life u/S. 302/149, IPC. Both the sentences were directed to run concurrently. As such, Veer Singh-accused filed the aforesaid criminal appeal u/S. 374 (2), Cr. P.C. whereas State of U.P. has filed aforesaid Government appeal u/S. 378, Cr. P.C.
(2.) Government Appeal has abated vide order dated 28.3.2014 as against respondent Omkar on account of his death. Therefore, this judgment pertains to rest of the accused respondents.
(3.) Since both the aforesaid appeals have been directed against the common judgment and order dated 21.12.1981, therefore, for the sake of convenience, they are being disposed of by this common judgment.;