BRAHAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals are by special leave from a judgment of the Allahabad High Court.

(2.) Originally 8 persons were tried by the Additional Sessions Judge, Meerut, of offences punishable under Ss. 147, 148, 380 and 452. Indian Penal Code, as well as Ss. 302, 307, 323 and 325 read with S. 148 of the Penal Code. One of the accused persons Sher Deen was acquitted. The other seven persons were convicted. Brahm Singh and Sardare were sentenced to death. The other five were sentenced to life imprisonment. For the other offences sentences of imprisonment were imposed on the convicted persons. The sentences were to run concurrently.

(3.) Appeals were preferred to the High Court by the seven convicted persons. A reference was also made under S. 374 of the Criminal Procedure Code for confirmation of the death sentence imposed on Brahm Singh and Sardare. The High Court acquitted Om Pal but maintained the conviction of others under the main offences although the conviction of some of the accused persons was set aside under S. 380 read with Ss. 109 and 114 of the Penal Code. The sentence of death awarded to Brahm Singh was confirmed. The appeal of Sardare was allowed only to the extent that the sentence of death was set aside and instead he was sentenced to undergo life imprisonment. The present appeal has been brought to this court by all the six persons whose conviction was maintained.