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2017 Supreme(All) 174

BHARAT BHUSHAN, ALOK KUMAR MUKHERJEE
GIRJA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
N.K. Saxena, Apul Mishra, Devendra Swaroop, P.N. Mishra, Rahul Mishra and Raghuveer Prasad for the Appellants; A.G.A., Braj Gopal Yadav, Brijesh Sahai, G.S. Chaturvedi, P.C.Chaturvedi and R.K. Yadav for the Respondent.

JUDGMENT :

(Delivered by Hon. Bharat Bhushan, J.)

1. Appellants have assailed the judgment and order dated 22.1.1983 passed by the then IInd Additional Sessions Judge, Hamirpur in Sessions Trial No 82 of 1981 (State Vs. Girja and others) arising out of Crime No.189 of 1980, under Sections 302 read with Section 149, 148 and 147 of Indian Penal Code (in short I.P.C.), P.S. Rath, District Hamirpur whereby seven accused/appellants, viz. Girja, Sarua, Ram Sanehi, Raghunath, late Bhoora, Ram Swaroop and Brijbhan were convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC read with Section 149 IPC. Accused/appellants Girja, Sarua, Ram Sanehi and Raghunath were further convicted and sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 148 IPC and appellants late Bhoora, Ram Swaroop and Brijbhan were sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 147 IPC. All the sentences were directed to run concurrently.

2. During pendency of this appeal, appellant Bhoora died, hence, appeal filed on his behalf stands abated vide order dated












































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