STATE OF UTTAR PRADESH Vs. RANJHA RAM

JUDGEMENT

(1.) These three Appeals by Special Leave by the State of Uttar Pradesh are directed against a common judgment rendered by the Allahabad High Court in Criminal Appeal No. 896 of 1975, Referred Case No. 35 of 1975 and connected Criminal Appeals Nos. 892 and 893 of 1975. For the sake of convenience we will refer to the respondents in the three appeals in the order of their array in the Sessions Court. The respondents in the three appeals are respectively Accused 1, 16 and 2; Accused 3 to 12 and 17 to 19; and Accused 13 to 15.

(2.) All the 19 accused were convicted by the Additional Sessions Judge, Kumaun for offences punishable under Sections 302 read with Sections 149, 396, 201 read with Sections 149,148 and 147, Indian Penal Code. Accused 1, 2 and 16 were sentenced to death and the rest of the accused were sentenced to imprisonment for life for the conviction under Section 302 read with Section 149, I.P.C. For the conviction under Section 396, I.P.C., all the accused except accused 13 to 15 were sentenced to pay a fine of Rs. 500. For the convictions under Sections 147, 148 and 201 read with Section 149, I.P.C., no seperate sentences were awarded. The 19 accused preferred three appeals, viz., Criminal Appeals Nos. 896, 892 and 893 of 1975 against their convictions and sentences and the Sessions Judge made a reference under Section 366, I.P.C., for confirmation of the death sentence awarded to Accused 1, 2 and 16. The High Court allowed all the appeals and dismissed the reference and set aside the conviction and sentences and set the accused at liberty. Against the common judgment of the High Court, the State has preferred these appeals.

(3.) All the accused persons except Accused 12, 13 and 14 trace their ancestry to a common ancestor by name Jamuna Ram. Accused 13 is the daughter-in-law of Accused 15 and Accused 14 is the wife of Accused 6. Accused 12 is the maternal uncle of Accused 18. Of the two deceased, Kesho Bai was the daughter of the common ancestor Jamuna Ram and the other deceased Shital Das was her husband.