LAWS(ALL)-2020-2-27

KAPTAN SINGH Vs. STATE OF U.P.

Decided On February 07, 2020
KAPTAN SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The appellants Kaptan Singh and Deshraj have preferred the present appeals bearing Criminal Appeal Nos.4639 of 2009 and 4404 of 2009 respectively against their conviction in Sessions Trial No.129 of 1995. All the above named accused appellants were convicted by the judgment and order dated 22.7.2009 passed by the learned Additional Sessions Judge, Court No.2, Farrukhabad and each were directed to undergo rigorous imprisonment for life and also to pay fine of Rs.15,000/- under Section 302 IPC and three years rigorous imprisonment for the offence punishable under Section 148 IPC. Both the sentences were directed to run concurrently and in case of default of payment of fine they were further directed to undergo simple imprisonment of six months.

(2.) The prosecution was launched against seven accused persons, namely, Atar Singh, Sughar Singh, Nawab Singh (sons of Pyare Lal), Phulwari S/o Vijay, Mansha Ram S/o Shankar, Kaptan Singh and Deshraj (sons of Babu Ram) in pursuance of the FIR lodged against them by Bahaar Singh registered as Case Crime No.158 of 1985, under Sections 147,148,149,302 IPC at police station Kayamganj, District Farrukhabad on 18.5.1985 at 6.50 P.M.

(3.) The Sessions Trial No.327 of 1989 pertains to the trial of accused persons, namely, Atar Singh, Sughar Singh, Nawab Singh, Mansha Ram and Phulwari. The aforesaid trial of accused Sughar Singh was separated at the fag end on his plea of juvenility who was acquitted by the court below.