BRIJPAL SINGH OTHERS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a regular appeal under Section 379, Cr. P. C. read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. There are six appellants. They along with one Kalyan Singh who died during the trial, were tried for offences punishable u / S. 302 read with S. 149, I. P. C. by the Additional District and Sessions Judge, Shahjahanpur and were acquitted. The State preferred an appeal against the remaining six accused. The High Court allowed the appeal. However, two of them A-5 Prem Pal Singh and A-6 Shyam Pat Singh who were children, were not awarded any sentence and the remaining four accused were sentenced to imprisonment for life. They were also convicted under Sections 324/149 and 148 and sentenced to two years' and one year R.I. respectively. The sentences were directed to run concurrently. All of them have preferred this appeal. The prosecution case is as follows:

(2.) The learned Sessions Judge, who tried the case, held that the accused had neither the remote motive nor immediate motive for commission of the crime. He held that the three eye-witnesses were highly interested and the version given by them is not worth reliance and since the occurrence took place during night time the witnesses might not have seen the assailants and that medical evidence also failed to corroborate the prosecution version and in that view of the matter, he acquitted the accused. In the appeal against acquittal, the High Court carefully examined every reason given by the Sessions Judge and ultimately held that all the reasons are highly unsound and the evidence has been rejected on sufficient grounds and accordingly it reversed the order of acquittal.

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