AFR Neutral Citation No. - 2025:AHC:9585-DB Judgment reserved on 23.07.2024 Judgment delivered on 21.01.2025 Court No. - 39 Case :- CRIMINAL APPEAL No. - 2696 of 1981 Appellant :- Devendra Kumar @ Jhunna And Others Respondent :- State of U.P.

Counsel for Appellant :- S.S. Tewari,Ajay Kumar Pandey,K.K.

Srivastava,Roshan Khan,Satish Trivedi Counsel for Respondent :- Dga,Mayank Bhushan And Case :- CRIMINAL APPEAL No. - 660 of 1984 Appellant :- Rajmun Respondent :- State of U.P.

Counsel for Appellant :- Rajendra Singh Sengar,Rajesh Dwivedi Counsel for Respondent :- D.G.A.

Hon'ble Siddharth VarmaJ.

Hon'ble Ram Manohar Narain Mishra,J.

(Delivered by Hon’ble R.M.N. Mishra,J.)

1. Criminal Appeal No.2696 of 1981 has been preferred against the judgment and order dated 19.11.1981 passed by VIIth Additional Sessions Judge, (Non- Metropolitan Area) Kanpur Nagar in S.T. No.75 of 1977 and S.T. No.304 of 1977, and Criminal Appeal No.660 of 1984 arose out of judgment and order dated 18.01.1984 passed in S.T. No.75 of 1977, in both the session trials. All the nine appellants have been convicted for charge under Section 147, 148, 302/149, 325/149 and

323/149 IPC, P.S. Derapur, Kanpur.

2. In S.T. No. 75 of 1977 appellant Devendra Kumar alias Jhunna, Jia Lal alias Dadu, Avdhesh and Smt. Ram Piari and in S.T. No.304/1977 accused Ram Pratap, Bhuneshwar, Bhanu Pratap alias Laluna, Shiv Das and Krishna Kumar alias Chuttan were sentenced to undergo imprisonment for life for charge under Section 302/149 IPC. They were also found guilty for charge under Section 325/149 Cr.P.C., for which they were sentenced to one year’s rigorous imprisonment. They were further sentenced to six months rigorous imprisonment under Section 323/149 IPC. Accused Devendra Kumar alias Jhunna, Shiv Das, Krishan Kumar Chuttan were sentenced to one years rigorous imprisonment for charge under Section 147 IPC and accused Ram Pratap, Avdhesh, Bhunesh, Dadu and Lalauna were sentenced to one years rigorous imprisonment under Section 148 IPC.

3. Accused Smt. Ram Piyari was sentenced to life imprisonment for charge under Section 302/149 IPC, one year simple imprisonment for charge under Section 325/149 IPC, six months imprisonment for charge under Section 323/149 IPC and one year simple imprisonment for charge under Section 147 IPC. All the sentences were directed to run concurrently.

4. Criminal Appeal No.660 of 1984 arose against the judgment and order dated 18.01.1984 passed by Learned IVth Additional Sessions Judge, Kanpur Dehat in S.T. No.75A of 1977, whereby appellant Rajmun was convicted of charge under Sections 148, 302/149, 325/149 and 323/149 IPC. Accused Rajmun is sentenced to life imprisonment for charge under Section 302/149 IPC, one year rigorous imprisonment for charge under Section 148 IPC, one year rigorous imprisonment for charge under Section 325/149 IPC and six months rigorous imprisonment for charge under Section 323/149 IPC.

5. Both the criminal appeals have arisen out of conviction of appellants for the same offence having arisen out of Case Crime No.118 of 1976, under Sections 147, 148, 302/149, 323/149 and 325/149 IPC, PS. Derapur, Kanpur. As both the criminal appeals have arisen out of same incident and offence and all the appellants have been implicated as co-accused during the trial, both the appeals have been clubbed together and are being decided by a common judgment. The appellants were released on bail by orders of these Criminal Appeals on direction of this court in their respective criminal appeals.

6. Heard Sri Ajay Kumar Pandey, learned Amicus Curiae on behalf of the appellants, Sri Rahul Asthana, learned A.G.A. for the State and perused the material available on record.

7. The brief facts of the case as culled out from the case of prosecution are that on 29.06.1976 at around 12:00 hours in the day, when the deceased Sheo Narain who was the brother of informant Lalaram was going to his house to take meal from his shop, the accused persons namely Avdhesh, Ram Pratap