FATEH SINGH Vs. STATE

JUDGEMENT

(1.) EIGHT appellants, namely, (1) Fateh Singh, (2) Ram Chander, (3) Brahma, (4) Satvir, (5) Ram Saran, (6) Harbir, (7) Pratap and (8) Genda have preferred this appeal against the judgment and order dated 5.12.1979 passed by Sri S. P. Agarwal, the then VIth Additional Sessions Judge, Meerut in Sessions Trial No. 70 of 1978. All the appellants have been convicted under Section 302 read with Section 149, I.P.C. and sentenced to life imprisonment. The appellants Ram Saran, Satbir and Harvir have further been convicted under Section 148, I.P.C. and sentenced to two years' rigorous imprisonment. The accused appellants Fateh Singh, Genda, Pratap, Brahma and Ram Chander have also been convicted under Section 147, I.P.C. and sentenced to one year's rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) OUT of the eight appellants, appellant No. 1 Fateh Singh is reported to be dead as per report of the Chief Judicial Magistrate, Meerut, dated 17.11.1997. The appeal, therefore, has abated so far as he is concerned and presently the Court is concerned with the remaining seven appellants.

(3.) THE background of the incident was rooted in the murder of Mahabir son of Ram Saran in 1976. For that murder, Hari Dutt Singh deceased and his son Mahendra Singh P.W. 1 were facing trial when the incident took place.