JIUT Vs. STATE
LAWS(ALL)-2022-5-99
HIGH COURT OF ALLAHABAD
Decided on
May 30,2022
Jiut
Appellant
VERSUS
STATE
Respondents
Referred Judgements :-
GOLBAR HUSSAIN AND ORS. VS. STATE OF ASSAM AND ANR. [REFERRED TO]DIGAMBER VAISHNAV AND ANOTHER VS. STATE OF CHHATTISGARH [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
KALI RAM VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
SURESH VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHARAD BIRDHICHAND SARDA VS. STATE OF MAHARASHTRA [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF RAJASTHAN VS. RAJARAM [REFERRED TO]
STATE OF RAJASTHAN VS. KASHI RAM [REFERRED TO]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
UPENDRA PRADHAN VS. STATE OF ORISSA [REFERRED TO]
NIZAM AND ORS. VS. STATE OF RAJASTHAN [REFERRED TO]
HARBEER SINGH VS. SHEESHPAL & ORS. [REFERRED TO]
SURESH AND ANR VS. STATE OF HARYANA [REFERRED TO]
JUDGEMENT
SUNITA AGARWAL,J. -
(1.)Heard Sri Raunak Chaturvedi, learned Amicus Curiae for the appellant Brij Kishor and Sri Rupak Chaubey, learned AGA for the State-respondent.
(2.)The present appeal is directed against the judgment and order dtd. 4/8/1989 passed by the Ist Additional District and Sessions Judge, Gorakhpur in Sessions Trial No. 189 of 1987 whereby two appellants herein namely Jiut and Brij Kishor were convicted for the offence punishable under Sec. 302 readwith Sec. 34 IPC and sentenced for life imprisonment and a fine of Rs.1000.00 each.
(3.)At the outset, we may note that the appellant no. 1 Jiut had died during the pendency of the present appeal and the appeal has been abated on his behalf by the order dtd. 16/7/2019.
Sole surviving appellant is appellant no. 2 namely Brij Kishor who is lodged in the District Jail, Gorakhpur since 21/8/2019 in execution of the non-bailable warrant, as is evident from the report dtd. 31/8/2019 submitted by the Chief Judicial Magistrate, Gorakhpur.
We are, therefore, considering this appeal only on behalf of the appellant no. 2 Brij Kishor.
(2.)The present appeal is directed against the judgment and order dtd. 4/8/1989 passed by the Ist Additional District and Sessions Judge, Gorakhpur in Sessions Trial No. 189 of 1987 whereby two appellants herein namely Jiut and Brij Kishor were convicted for the offence punishable under Sec. 302 readwith Sec. 34 IPC and sentenced for life imprisonment and a fine of Rs.1000.00 each.
(3.)At the outset, we may note that the appellant no. 1 Jiut had died during the pendency of the present appeal and the appeal has been abated on his behalf by the order dtd. 16/7/2019.
Sole surviving appellant is appellant no. 2 namely Brij Kishor who is lodged in the District Jail, Gorakhpur since 21/8/2019 in execution of the non-bailable warrant, as is evident from the report dtd. 31/8/2019 submitted by the Chief Judicial Magistrate, Gorakhpur.
We are, therefore, considering this appeal only on behalf of the appellant no. 2 Brij Kishor.
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