AMAR PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants Amar Pal, Hori Lal and Kali Charan preferred Crl. Appeal No.2600 of 1999 against the judgment and order dated 4-9-1999 passed by Sri Surendra Kumar, Special Judge (E.C.Act) Additional Sessions Judge, Farrukhabad in Sessions Trial No.346 of 1990 convicting all of them under S.302 read with S.149, 148 and 201 I.P.C. and sentencing them to the extreme penalty of death sentence under Section 302 read with Section 149 I.P.C. R.1 for a period of two years under S.148 I.P.C. and R.1 for a period of three years and fine of Rs. 500.00 under S.201 I.P.C.the learned Additional Sessions Judge has also made reference for confirmation of death sentence to above appellants.

(2.) Appellants Bhopal, Ram Nath,Deo Singh, Phool Sahai and Genda Lal preferred Criminal Appeal No.2935 of 1999 against the said judgment and order in above Sessions Trial Convicting them under S.302 read with 149 I.P.C., 148 and 201 I.P.C. and sentancing them to imprisonment for life and fine of Rs.2000.00 each under S.302 read with 149 I.P.C.,R.I. for a period of two years under S.148 I.P.C. andR.I. for a period of three years and fine of Rs.500.00 under S.201 I.P.C.

(3.) The prosecution story, briefly stated, was as under :- All the appellants of both the appeals, Ranvir Singh deceased and his brother Ram Niwas (P.W.1) are residents of village Bahwalpur Mistini, P.S. Kampil,district Farrukhabad. Ranvir deceased was a teacher in a school at Kayamaganj and was also earning by private tuition. Appellants Amar Pal, Hori Lal are real brothers and sons of appellant Deo singh. The appellants Kali Charan and Ram Nath are sons of Manu and uncle of Amar Pal and appellants PhoolShahai and Ganda Lal are their Khandani.