VEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals are preferred against the common judgment of the High Court of Judicature at Allahabad in Criminal Appeal No.749 of 1996 and Criminal Appeal No.761 of 1996 dated 1.10.2007.

(2.) The appellants in Criminal Appeal No. 749 of 1996 are accused Nos. 1 to 4 and the appellant in Criminal Appeal No.761 of 1996 is the accused No.5, in the Sessions Case No.72 of 1985, on the file of Third Additional Sessions Judge, Muzafarnagar, and they were tried along with three other accused for the alleged offences under Sections 147,148, 307 read with Section 302 read with Section 149 and Section 452 of Indian Penal Code. Sessions Court found accused Nos. 6 to 8 not guilty of the charges and acquitted them and at the same time convicted accused Nos.1 to 5 for the charge under Section 302 read with Section 149 IPC and sentenced them to death, subject to confirmation by the High Court; convicted them for the offences under Section 307 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment for a period of 5 years; convicted them for the offence under Section 452 IPC and sentenced them to undergo rigorous imprisonment for a period of 4 years, and had also convicted Veer Singh, A-1, Takal Singh A-2 and Balkar Singh A-5, for the offence under Section 148 IPC and sentenced them to undergo RI for a period of 2 years and had convicted Amrik Singh, A-3 and Kamir Singh, A-4, for the offence under Section 147 IPC and sentenced them to undergo rigorous imprisonment for a period of one year.

(3.) Aggrieved by the conviction and sentence accused No.1 to 5 preferred appeals being Criminal Appeal No.749 of 1996 and Criminal Appeal No. 761of 1996 and a Reference regarding death penalty was also made to the High Court. Besides the State also preferred an appeal being Appeal No.1341 of 1996, challenging the acquittal of accused Nos.6 to 8. The Appeals and Reference were heard together and the High Court by its common judgment dated 4.12.1997 allowed the Criminal Appeals filed by accused Nos.1 to 5 and rejected the Reference and acquitted them of all the charges. It also dismissed the Criminal Appeal preferred by the State.