BHARAT BHUSHAN,J. - (1.) Sole appellant Babu Ram @ Babau, in this case has challenged the judgment and order dated 3.8.1983 passed by the then IVth Additional Sessions Judge, Mirzapur in Sessions Trial No. 54 of 1978 (State v. Babau) arising out of Case crime no. 478 of 1973, Police Station Katra, District Mirzapur whereby appellant was convicted under sections 302 read with Section 34 Indian Penal Code (in short, IPC) and Section 307 read with Section 34 IPC and sentenced to life imprisonment and rigorous imprisonment for five years respectively. However, he was acquitted of charge under section 323 read with Section 34 IPC vide aforesaid judgment and order. Both the sentences were ordered to run concurrently.
(2.) It appears that First Information Report (in short, FIR) (Ex-Ka-2) was lodged by one Champa Devi orally on 18.10.1973 at about 3:20pm alleging that three accused namely, Babu Ram @ Babau (appellant in this case) and co-accused Kashi and Saraswati armed with various weapons assaulted her, her deceased son Ram Lal and her husband Moti Lal and caused injuries resulting in the death of Ram Lal.
(3.) It is pertinent to point out that decision in the case of appellant Babu Ram @ Babau got delayed because of his continuous absence from the trial court. Co-accused Kashi and his mother Sarawati faced trial earlier wherein Kashi was convicted under sections 302, 326 read with Section 34 IPC and was accordingly sentenced to undergo imprisonment for life and rigourous imprisonment of five years respectively. Trial Judge also convicted Sarawati under section 323 IPC However, Sarawati was not convicted for causing injuries to Moti Lal with the help of Section 34 IPC.;