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2000 Supreme(SC) 1907

S.N.PHUKAN, S.S.M.QUADRI
Kunwar Bahadur Singh – Appellant
Versus
Sheo Baran Singh – Respondent


ORDER

Delay is condoned.

2. Leave is granted.

3. Against the judgment and order of the High Court of Judicature at Allahabad, Lucknow Bench, in Criminal Appeal Nos. 546, 547, 548 and 589 of 1982 dated September 17, 1998 and Crl. Misc. Application No. 2050 of 1998 dated October 5, 1998 the de facto complainant filed appeals arising out of SLP (Crl.) Nos. 1459-1463 of 1999 and the State of U.P. filed appeals arising out of SLP (Crl.) Nos. 1928-31 of 1999.

4. These appeals raise a common question as to whether the High Court erred in law in not disposing of the said appeals filed by the respondents on merits on the basis of the re-constructed records.

5. The following facts need to be mentioned here.

The respondents were tried in S.T. No. 43 of 1982 by the learned IInd Additional Sessions Judge, Rae Barelli and by his judgment and order dated July 16,1982, they were convicted and awarded punishment for various offences as follows :

"Accused Hari Shanker Singh, Bhagwat Singh, Shiv Baran Singh and Shiv Prasad Singh are found guilty of the offence punishable under Sections 148/303/149 and 395 I.P.C. Each of them is convicted and sentenced to undergo R.I. of one year under Section 149 I.P.C. L


























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