GURMAIL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants along with eight others stood the trial before the Court of Additional Sessions Judge - III, Rampur in Uttar Pradesh in Sessions Trial No. 167/1981 for offences under Ss. 302/149, 307/149, 147 and 148 of the Indian Penal Code (for short IPC). As per judgment dtd. 10/6/1982 all of them were convicted under Sec. 302/149, IPC. Further, it was found that offence u/S 307/149 was not made out against them, but offences under Ss. 324/149 and 323/149 were made out. Consequently, they were also convicted under those Ss. . In addition, seven of the accused persons including the appellants were convicted under Sec. 148, IPC and the three others were convicted under Sec. 147, IPC. For the conviction under Sec. 302, IPC they were sentenced to undergo imprisonment for life. For the convictions under the other Ss. , they were handed down different terms of imprisonment and all the sentences were directed to be run concurrently. They jointly filed appeal viz., Criminal Appeal No. 1510/1982 before the High Court of Judicature at Allahabad. During its pendency seven of them died and consequently, qua them the Appeal was dismissed as abated. As per the impugned judgment dtd. 19/8/2014, the said appeal qua the surviving appellants - Gurmail Singh, Kewal Singh and Karnail Singh was dismissed and the conviction and the sentences were confirmed. Though this appeal has been preferred jointly by Gurmail Singh and Kewal Singh the latter died during the pendency of this appeal. Hence, this appeal qua Kewal Singh got abated. Karnail Singh did not join in this appeal. In short, this appeal survives only in the case of the first appellant - Gurmail Singh and hence, in this appeal, hereafter, he is referred to as the appellant.

(2.) The appellant was accused No.3 before the Trial Court. Realizing the real scope of the appeal, the learned counsel for the appellant confined his arguments only for alteration of the conviction to one under Sec. 304 of the IPC in place of the conviction under Sec. 302, IPC.

(3.) Heard, the learned counsel for the appellant and also the learned counsel for the State.