PARAS SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Six persons, namely, Bichari Singh, Paras Singh, Mahajan Singh, Addya Singh, Gopal Dubey and Dharmraj Dubey were charged by the III Additional Sessions' Judge, Deoria in Sessions Trial No. 186 of 1995, for offences punishable under Sections 147 IPC, 148 IPC, 302/149 IPC and 452/149 IPC. During the pendency of the trial Dharmraj Dubey died. Vide judgment and order dated 11-6-2002, the learned Trial Judge convicted and sentence Addya Singh, Paras Singh, Bichari Singh, Mahajan Singh and Gopal Dubey, in the manner stated hereinafter: Paras Singh and Addya Singh: (i) Under Section 302/149 IPC to death to pay a fine of Rs. 10,000 each, in default, to undergo three years' RI, and; (ii) Under Section 148 IPC to one year's RI. Bichari Singh, Mahajan Singh and Gopal Dubey: (i) Under Section 302/149 IPC to imprisonment for life and to pay a fine of Rs. 10,000 each, in default, to undergo three years' RI and; (ii) Under Section 148 IPC to one year's RI. The sentences were directed to run concurrently.

(2.) AGGRIEVED by their convictions and sentences Paras Singh preferred, in this Court, Criminal Appeal No. 162 of 2000; Addya Singh Criminal Appeal No. 2540 of 2002; Mahajan Singh and Bichari Singh Criminal Appeal No. 2466 of 2002; and Gopal Dubey Criminal Appeal No. 2336 of 2002. The learned trial Judge made a reference under Section 366 (1) Cr. P. C. to this Court, for confirmation of death sentence of Paras Singh and Addya Singh and Capital Sentence Reference No. 7 of 2002 arises from the said reference.

(3.) THE evidence of Head Constable Prem Shankar Singh PW 8 shows that on 25-6-1994, he was posted as Head Constable at Police Station Hata and at 2. 10 a. m. Sharda Singh PW 1 came and lodged his FIR on the basis of which, he prepared the Chik FIR. A perusal of the Chik-FIR shows that on its basis offences punishable under Sections 147/148/149/ 452/302 IPC were registered against Bichari Singh, Addya Singh, Paras Singh, Mahajan Singh, Dharmraj Dubey and Gopal Dubey. Its perusal also shows that the distance between the place of the incident and the aforesaid police station was five kilometres.