RAKESH SINGHA STATE OF HIMACHAL PRADESH RAKESH MALIK RAKESH SINGHA HARBHAJAN SINGH BHAJJI Vs. STATE OF HIMACHAL PRADESH :RAKESH MALIK:STATE OF HIMACHAL PRADESH :VIKRAMANAND:RAKESH SINGHA

JUDGEMENT

(1.) Criminal Appeals Nos. 185 to 187 of 1988 :

(2.) The appellant in Criminal Appeals Nos. 185 and 187 of 1988 were convicted by the learned trial Judge under Sections 148, 452 and 325 read with Section 149, I. P. C. However, the learned Sessions Judge dealt with the convicted accused under Section 360 of the Criminal Procedure Code and instead of sentencing them to any punishment directed them to be released on their entering into a bond in the sum of rupees ten thousand with one surety for the like sum in each case undertaking to appear and receive sentence when called upon during a period of 2 years from the date of judgment and in the meantime to keep peace and be of good behaviour. The State aggrieved by the judgment of the learned Sessions Judge preferred appeal to the High Court. On appeal, the High Court enhanced the sentence of the accused/appellants to rigorous imprisonment for a period of five years under Section 304, Part (II) read with Section 149, I. P. C. It also awarded sentence of R. I. for a period of three years for offences under Sections 325, 452 read with Section 149, I. P. C. Still further they sentenced to undergo R. I. for two years under Section 148, I. P. C. All the above sentences were directed to run concurrently, The State still aggrieved has filed Criminal Appeal No. 186 of 1988 seeking further enhancement of sentence as well as for conviction of some other accused persons.

(3.) Briefly stated, the facts are as under :