SAHDEO Vs. STATE

JUDGEMENT

(1.) The present criminal appeal No. 1833 of 1984 filed on behalf of the accused-appellants Sahdeo, Shatrughan Singh, Shiv Saran alias Munshi Dubey and Shiv Das and the connected criminal appeal No. 1939 of 1984 filed on behalf of the accused-appellant Phool Singh have been preferred against the impugned judgment and order of conviction and sentence dated 5.7.1984 passed by IIIrd Additional Sessions Judge, Fatehpur in Session Trial No. 123 of 1982 State Vs. Sahdeo and 4 Others, arising out of Case Crime No. 121 of 1981, P.S. Asothar, convicting and sentencing the accused-appellants Sahdeo, Shatrughan Singh and Shiv Saran, under Sec. 148 Penal Code for two years R.I., under Sec. 302/149 for life imprisonment and under Sec. 201 Penal Code for two years R.I. Accused-appellants Shiv Das and Phool Singh, under Sec. 147 Penal Code for one year R.I., under Sec. 302/149 Penal Code for life imprisonment and under Sec. 201 Penal Code for two years R.I. with the direction that all the sentences shall run concurrently. Hence, both the aforesaid appeals were heard and the same are being decided jointly by a common order.

(2.) During pendency of the appeal, accused-appellants Sahdeo and Shiv Das have died, hence, the appeal in respect of them stood abated vide order dated 25.10.2016. Now, the appeals have to be decided in respect of the accused-appellants Shatrughan Singh, Shiv Saran and Phool Singh.

(3.) Mr. Kamal Krishna, learned Senior Counsel assisted by Mr. Rajesh Kumar Srivastava, Advocate appeared on behalf of the appellants. Mr. Mahendra Singh Yadav, learned AGA appeared on behalf of the State of U.P. and Mr. Sharad Kumar Srivastava, Advocate appeared on behalf of the complainant.