Om Prakash vs State - 2023 Supreme(All) 2853

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2853

RAJ BEER SINGH, SURENDRA SINGH I
Om Prakash – Appellant
Versus
State – Respondent

Advocates appeared:
For the Appellant : S.P.Kumar,Pulak Ganguly.
For the Respondent: A.G.A.

JUDGMENT

Raj Beer Singh, J.

This criminal appeal has been preferred against judgement and order dated 20.09.1982, passed by the Additional Sessions Judge-V, Bareilly in S.T. No. 353 of 1980, under Sections 302 , 147, 148, 323/149 IPC, police station Shahi, district Bareilly, whereby, accused-appellant Nos. 1 to 3, namely, Om Prakash, Ram Chandra and Bholey have been convicted under Sections 147 , 323/149 IPC and sentenced to three months rigours imprisonment under Section 147 IPC and three months rigorous imprisonment under Section 323 /149 IPC. Accused-appellant no. 4 Summeri has been convicted under Section 302 , 148, 323/149 IPC and sentenced to imprisonment for life under Section 302 IPC, six months rigorous imprisonment under Section 148 IPC and two months rigorous imprisonment under Section 323 /149 IPC.

2. We have heard learned counsel for the accused-appellants and learned AGA for the State.

3. During pendency of this appeal, the accused-appellant No. 4 Summeri has passed away and in respect of appellant No. 4 Summeri, the appeal has already been abated vide order dated 05.06.2023. Now this appeal is confined only in respect of accused-appellant nos. 1 to 3, namely, Om Prakas