SATYAVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Satyavir Singh, appellant-accused was tried for an offence under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as the 'Code') and Section 25/27 Arms Act, 1959 (for short the 'Act') in the Court of Assistant Sessions Judge, Bulandshahr, and was found guilty for both the offences After hearing the accused on the question of sentence, the Court awarded him three years R.I. under Section 307 of the Code and one year R.I. under Section 27 of the Act. Both the sentences were ordered to run concurrently. Upon appeal by the accused, the learned 1st Additional Sessions Judge at Bulandshahr set aside the judgment and sentence and while partly allowing the appeal by its judgment dated 06.11.1980 acquitted him of both the charges for which he was convicted by the learned Assistant Sessions Judge, Bulandshahr and only convicted him for offence Under Section 25(1)(a) of the Act and sentenced him to imprisonment till the rising of the Court. With the leave of the High Court, the State preferred an appeal against the judgment of acquittal. The High Court of Judicature at Allahabad vide its judgment dated 20.10.2008 set aside the order of acquittal and while allowing the appeal partly, it convicted the appellant under Section 307 of the Code and declined to interfere with the sentence awarded by the First Appellate Court in relation to an offence under Section 25 of the Act.

(3.) Legality and correctness of the judgment and order of sentence passed by the High Court is questioned by the appellant-accused in the present appeal under Article 136 of the Constitution of India inter alia but primarily on the following grounds: