TAMESHWAR SAHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Tameshwar Sahi (55), Ram Naresh (60), Harihar alias Harendra Nath Sahi (23), Jagdish Sahi (45), Dudhai alias Dudhnath Sahi (70), Garib alias Lal Bahadur Sahi (22), Jagat Sahi (40) Arjun Sahi (25) and Bhandari Ahir (45), Sita Ram Sahi (40), were tried by the Additional Sessions Judge, Gorakhpur for the murders of Chandrabali and Ram Adhar, and for allied offences. All the ten were convicted under Sec. 302 read with S. 149, Penal Code on two counts, and sentenced to imprisonment for life, each. They were further convicted for the attempted murder of Raj Ballabh (P.W.3) - Harihar under Sec. 307 and the rest under Ss. 307/149 - and each sentenced to 5 years rigorous imprisonment. A sentence of 3 years rigorous imprisonment was also imposed on each of them under Sec. 148, Penal Code. The sentences were directed to run concurrently.

(2.) On appeal, the High Court of Allahabad altered the conviction of Tameshwar Sahi and Ram Naresh to one under S. 302 read with S, 34, Penal Code but maintained their sentences of life imprisonment. Their convictions on the other counts were set aside, The conviction of the other eight under Ss,148, 302/149, Penal Code was also set aside. The conviction of Harihar under Section 307, Penal Code was upheld.

(3.) Tameshwar, Ram Naresh and Harihar have come in appeal to this Court by special leave.