Bala Shankar vs State of U.P. - 2025 Supreme(All) 2982

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2982

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Jitendra Kumar Sinha
Bala Shankar – Appellant
Versus
State of U.P. – Respondent

Advocates appeared:
For Appellant :- Kamlesh Kumar,Deena Nath
For Respondent:- A.G.A.

JUDGMENT

Jitendra Kumar Sinha, J.

1. The appeal stood abated in respect of appellant Nos. 2 and 5 namely Nand Lal and Bhagirathi vide order dated 14.05.2025. The appeal survives in respect of appellant Nos. 1, 3 and 4 namely Bala Shankar, Rajmani and Mangaru.

2. Heard Sri Deena Nath, learned counsel for the appellants and Sri S.S.R. Dwivedi, learned A.G.A. for the State and perused the record.

3. The appellants have challenged their conviction under Section 302 /149, 323/149 and 324/149 I.P.C.. Further appellant No.1 Bala Shankar has been convicted under Section 148 I.P.C. and rest of the appellants have been convicted under Section 147 I.P.C. The appellants have been sentenced to imprisonment for life under Section 302 /149 I.P.C. Appellant No.1 Bala Shankar has been sentenced to undergo one year rigorous imprisonment under Section 148 I.P.C., whereas rest of the appellants have been sentenced to undergo one year rigorous imprisonment for offence under Section 147 I.P.C. Appellant Bala Shankar has been sentenced to rigorous imprisonment for six months under Section 323 /149 I.P.C. and rest of the appellants have been sentenced six months rigorous imprisonment for the offence under Sec