SHER SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgment and order dated 14 -03 -1984 passed by Additional Sessions Judge (Special Judge), Nainital in Sessions Trial No. 139 of 1982, State versus Sher Singh & others convicting the accused/appellants under Sections 148, 302/149 and 307/149 I.P.C. and sentencing them to 2 (two) years rigorous imprisonment under Section 148 I.P.C., rigorous imprisonment for life under Section 302/149 I.P.C. and to undergo rigorous ,imprisonment for a period of four years under Section 307/149 I.P.C.

(2.) DURING the trial one of the accused Puran Singh died, therefore, the case against him abated but the trial continued against the other appellants, namely, Sher Singh, Anand Swarup, Chandrapal and Dharam Singh who have filed this appeal.

(3.) ON 30 -05 -1982 at about 9:00 - 9:30 p.m. Kanhai Singh - complainant along with his sons Ram Kumar and Ram Ratan (now deceased) had gone to village Harlalpur to attend the marriage of the sister of Rampal. In the .marriage all the five accused came from north side of the house of Rampal, having weapons like knives, Ballam, lathies on their hands. All these accused started beating Ram Ratan and Ram Kumar with these weapons. The accused persons, namely, Sher Singh and Anand Swarup gave knife blows to Ram Kumar and Ram Ratan with the result of that Ram Ratan died on the spot and Ram Kumar was severely injured.