UJJAL BHUYAN,J. - (1.)This appeal is directed against the judgment and order dtd. 27/9/2012 passed by the Allahabad High Court upholding the conviction of the appellant alongwith others under Ss. 148 and 302/149 of the Indian Penal Code, 1860 (IPC).
(2.)It may be mentioned that learned Sessions Judge, Etah vide the judgment and order dtd. 20/1/1997 passed in Sessions Trial No. 17 of 1993 convicted the appellant alongwith three others under Ss. 148 and 302/149 IPC and sentenced each of them to undergo rigorous imprisonment (RI) for two years and to pay fine of Rs.2,000.00 for the conviction under Sec. 148 IPC with a default stipulation and further sentenced to undergo imprisonment for life under Sec. 302/149 IPC. Another accused Shree Dev was convicted for the offences punishable under Ss. 147 and 302/149 IPC. He was sentenced to undergo RI for two years and to pay fine of Rs.2,000.00 with a default stipulation for the offence committed under Sec. 147 IPC and to suffer imprisonment for life under Sec. 302/149 IPC.
(3.)Being aggrieved by the aforesaid conviction and sentence, all the five accused persons including the appellant herein preferred criminal appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Allahabad High Court (High Court) which was registered as Criminal Appeal No. 340 of 1997. By the judgment and order dtd. 27/9/2012, a division bench of the High Court affirmed the conviction and sentence of all the accused persons including that of the appellant and dismissed the criminal appeal.