SUNIL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THROUGH these appeals, Sunil Singh, Rakesh Pandey, Sunil Bajpai, Udyot Kumar Shukla, Mohan and Santosh Kumar challenge the judgment and order dated 10.12.1998, passed by the IVth Additional Sessions Judge, Lucknow in Sessions Trial No. 10 of 1994, whereby they have been convicted and sentenced in the manner stated hereinafter : (a) Under Section 148, I.P.C. to one year's R.I. and to pay a fine of Rs. 500 each ; in default two months' R.I. (b) Under Section 302/149, I.P.C. to imprisonment for life and to pay a fine of Rs. 1,000 each, in default two months' R.I. (c) Under Section 323/149, I.P.C. to six months' R.I. and to pay a fine of Rs. 500 each ; in default two months R.I. (d) Under Section 379, I.P.C. to six months' R.I. and to pay a fine of Rs. 500 each ; in default two months' R.I. Their substantive sentences, on all the counts, have been directed to run concurrently.

(2.) IT is pertinent to mention that Criminal Appeal No. 42 of 1999 has been preferred by Sunil Singh ; Criminal Appeal No. 43 of 1999 by Rakesh Pandey ; Criminal Appeal No. 46 of 1999 by Sunil Bajpai ; Criminal Appeal No. 47 of 1999 by Udyot Kumar Shukla ; and Criminal Appeal No. 714 of 1998 by Mohan and Santosh Kumar.

(3.) THE evidence of S.I., Om Prakash Agnihotri P.W. 3 shows that on 17.8.1993, while he was on patrol duty on a jeep, he received information about the incident and reached the place of the incident. He found the informant Arun Sinha and Satish Srivastava in a pond situated near akhara. He took them in the jeep to Civil Hospital, Lucknow. On the way Satish Srivastava breathed his last. On reaching Civil Hospital, he left Arun Sinha and the corpse of Satish Srivastava there.