Rajesh Singh Chauhan, J. - (1.) Heard Sri Pawan Kumar Mishra, Sri Rajeiu Kumar Tripathi and Sri Rama Kant Dixit, learned counsel for the revisionists in Criminal Revision No.374 of 1985 and Sri Rajeiu Kumar Tripathi and Sri Pramod Kumar Mishra, learned counsel for the revisionists in Criminal Revision No.471 of 1985, while Sri Aniruddha Singh, learned Additional Government Advocate has advanced his arguments in both the criminal revisions on behalf of the State.
(2.) In both the criminal revisions filed under Sections 397/401 Cr.P.C., the order impeached are the judgment and order dated 24.11.1984 passed by the then Assistant Session Judge, Bahraich in Session Trial No.173 of 1983 convicting the accused Ram Khelawan @ Nankau, Kashi Ram, Budhai, Kesho Ram, Lallan Ahir and Pati Ram for the offence punishable under Section 366 I.P.C. and sentencing them to undergo four years rigorous imprisonment. Further, the accused Ram Khelawan @ Nankau, Kashi Ram were also convicted for the offence punishable under section 376 I.P.C. and sentencing them to undergo five years rigorous imprisonment and the trial court further observed that the sentence of accused Ram Khelawan @ Nankau and Kashi Ram shall run concurrently. The second order under challenge is the judgment and order dated 24.07.1985 passed by the then Session Judge, Bahraich in Criminal Appeal No.141 of 1984: Lallan Ahir and Budhai vs. State of U.P., Criminal Appeal No.142 of 1984: Kesho Ram vs. State of U.P. and Criminal Appeal No.143 of 1984; Ram Khelawan @ Nankau, Kashi Ram and Pati Ram vs. State of U.P., whereby the appellate court was pleased to acquit the accused Pati Ram but uphold the order of the learned trial court in toto so far as the remaining accused are concerned.
(3.) At the outset, it is to be noted that the Criminal Appeal No.374 of 1984 was admitted by this Court vide order dated 29.07.1985 and the accused persons, namely, Lallan Ahir, Budhai and Kesho Ram were granted bail accordingly. Likewise, the Criminal Appeal No.471 of 1985 was admitted by this Court vide order dated 19.09.1985 and the accused persons, namely, Ram Khelawan @ Nankau, Kashi Ram were granted bail accordingly.;