ATAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The abovementioned two appeals have been filed on behalf of the appellants, namely, Atar Singh, Mansha Ram, Phulwari and Nawab Singh against the judgment and order dated 22.7.2009 passed by the learned Additional Sessions Judge, Court No.2, Farrukhabad in Sessions Trial No.327 of 1989 (State of U.P. Vs. Atar Singh and others) arising out of case crime no.158 of 1985 whereby they have been convicted and sentenced 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 directed to further 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 registered by Bahaar Singh 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 appellants, namely, Atar Singh, Sughar Singh, Nawab Singh, Mansha Ram and Phulwari.The trial of accused Sughar Singh was separated at the fag end, on his plea of juvenility, who was acquitted by the court below. Kaptan Singh and Deshraj are the accused persons of Sessions Trial No.129 of 1995.