JAGAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Five accused, namely, Gajadhar, Chhatrapal, Jasiram, Bali Singh and Mahendra were tried for the murder of three persons, namely, Asha Ram, Parsuram and Nripat. The trial court convicted all the five accused persons under Section 302 read with Section 149 of the Penal Code and sentenced them to undergo rigorous imprisonment for life. They were also convicted under Section 307 read with Section 149 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years. They were also convicted under Section 148 of the Penal Code and sentenced to two years rigorous imprisonment.

(2.) They filed an appeal before the High Court and the High Court by its order dated 13.12.2002, completely acquitted accused Gajadhar. Accused Chhatrapal, Jasiram, Bali Singh and Mahendra were acquitted of the charge under Section 148 of the Penal Code. But the High Court maintained their conviction under Section 302 read with Section 34 and under Section 307 read with Section 34 of the Penal Code. The other charges against the accused persons were set aside.

(3.) Special leave petition was filed by the convicted accused. However, at the admission stage this Court was pleased to reject the special leave petition of Chhatrapal and Jasiram and leave was granted only qua Bali Singh and Mahendra.