STATE OF UTTAR PRADESH Vs. CHANDRA

JUDGEMENT

(1.) Five persons, namely, Chandra, Laxmi Narain, Kamlesh, Dhani Ram and Krishna were sent up for trial for offences under Sections 302/149 and 148, Penal Code in connection with the murder of Ghasita and his son Nathu on 14th March, 1989. Ram Prakash, another son of deceased Ghasita lodged the first information report, exhibit Ka-1 and appeared as P.W. 1 at the trial while another eye-witness Binda appeared as P.W. 2. The trial court, after recording evidence, vide judgment dated 7th May, 1983 sentenced all the accused persons to death for offences under Sections 302/149 and 148, Penal Code The convicts filed appeals against their conviction and sentence in the High Court. On 5th July, 1994, the High Court set aside the conviction of Laxmi Narain - R-2. Kamlesh-R-3 and Krishna-R-5 under Sections 302/149 and 148, Penal Code and instead convicted under Section 302 read with Section 34, Penal Code and reduced their sentence from death to life imprisonment. Chandra-R-1 and Dhani-R-4 were acquitted. Reference for confirmation of death sentence was rejected.

(2.) The special leave petition filed by State seeking leave to appeal against reduction of death sentence of R-2, R-3 and R-5 and acquittal of R-1 and R-4 was considered by this Court. While S.L.P. seeking enhancement of sentence of R-2, R-3 and R-5 was dismissed, leave was granted insofar as acquittal of R1 and R4 is concerned. R-3 and R-5 also filed appeals (Crl.A. Nos. 135-136/97) by special leave against their conviction and sentence. Laxmi Narain-R-2, however, has not questioned his conviction and sentence. This order will dispose of Crl. A No. 1467 of 1995 and Crl. Appeal Nos. 135-136 of 1997.

(3.) We have heard Mr. Devesh Singh, learned Counsel for the State, Mr. N. P. Midha, learned Counsel for R-1 and R-4 and Mr. L. K. Pandey, learned Counsel appearing as amicus for R-3 and R-5.