RAM SHANKAR Vs. STATE OF U.P.
LAWS(ALL)-2022-12-28
HIGH COURT OF ALLAHABAD
Decided on December 22,2022

RAM SHANKAR Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

MOHD.ASLAM,J. - (1.)Heard Ms. Prachi Trivedi, learned counsel for applicant No.3, Sri Dharm Trivedi, learned counsel for appellant No.4 as well as Sri Umesh Chandra Verma, learned Additional Government Advocate for State of U.P. and perused the record.
(2.)This criminal appeal is preferred on behalf of the appellants (1) Ram Shankar, (2) Gokaran Shukla, (3) Jageshwar, (4) Sabit, and (5) Mukaddar under Sec. 374 (2) Cr.P.C. against the impugned judgment of conviction and order of sentence dtd. 27/6/1984 passed by learned Additional Sessions Judge, Court No.1, Lakhimpur Kheri in Sessions Trial No. 168 of 1984 (State of U.P. Vs. Ram Shanker and 4 others), arising out of Case Crime No. 146 of 1981, Police Station- Dhaurahra, District- Lakhimpur Kheri, whereby the appellants were convicted for offence punishable under Sec. 302/149 Indian Penal Code (in short "I.P.C") and were sentenced to undergo imprisonment for life, they were also convicted for offence punishable under Sec. 148 I.P.C. and were sentenced to undergo rigorous imprisonment for one year, also convicted for offence punishable under Sec. 307/149 I.P.C. and sentenced to undergo rigorous imprisonment for seven years and they were also convicted for offence punishable under Sec. 449 I.P.C. and were sentenced to undergo rigorous imprisonment for eight years, further convicted for offence punishable under Sec. 323/149 I.P.C. and were sentenced to undergo rigorous imprisonment for one month. It was further directed that all the sentences shall run concurrently.
(3.)During the pendency of appeal, appellant no.(1) Ram Shankar, (2) Gokaran Shukla and (5) Mukaddar died and the appeal in respect of them was dismissed as abated vide order dtd. 29/9/2021, now the present appeal survives only against appellant no. (3) Jageshwar and (4) Sabit.


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