Puttan alias Shiv Shanker VS State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAMESH SINHA, VIVEK VARMA
Puttan alias Shiv Shanker – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : J.N. Chaudhary, Gaurav Mishra, Rajendra Prasad Mishra, Sanjay Kumar Srivastava.

JUDGMENT :

Ramesh Sinha, J.

(The judgment is pronounced in terms of Chapter VII Sub-rule (2) of Rule (1) of the ALLAHABAD HIGH COURT RULES , 1952 by Hon’ble Ramesh Sinha, J.)

1. Puttan, Ram Chandra and Lali alias Ram Shanker, were tried by the Sessions Judge, Unnao in Sessions Trial No. 480 of 1980 : State Vs. Puttan @ Shiv Shanker and Ram Chandra and Session Trial No. 336 of 1983 : State Vs. Lali alias Ram Shanker, respectively, arising out of Case Crime No. 220 of 1980, under Sections 302 /34, 307/34 and 394 I.P.C. at police station Achalganj, District Unnao.

2. Vide judgment and order dated 22.09.1981 passed in Sessions Trial No. 480 of 1980, the Sessions Judge, Unnao, acquitted the accused persons, Puttan alias Shiv Shanker and Ram Chandra, for the offence punishable under Section 307 /34 I.P.C., however, convicted and sentenced them in the manner as stated herein below :

ii. Under Section 394 I.P.C. to undergo imprisonment of five years R.I..”

Both the sentences were directed to run concurrently.

3. Later on, vide judgment and order dated 16.03.1984 passed in Sessions Trial No. 336 of 1983, the Sessions Judge, Un