KAMLESH SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) The appellants Kamlesh Singh, Suresh Singh and Sukhlal Singh have been convicted for having committed offence under section 302 IPC read with section 34 IPC vide judgment and order dated 15.9.2006 passed by Additional Sessions Judge / Special Judge (E.C. Act), Allahabad in Sessions Trial No.729 of 2002 and vide order dated 18.9.2006, each of them has been sentenced to imprisonment for life and to pay a fine of Rs.5000/- and in case of default, to further undergo simple imprisonment for three months. However, they were acquitted for the offence under section 120-B IPC.

(2.) Another co-accused Kapil Deo Singh was, however, acquitted by the trial court for the offence under section 302 IPC and against the order of acquittal, criminal revision no.5840 of 2006 has been filed on behalf of one Rajendra Singh. Appellant Kamlesh Singh has also challenged his detention in jail by means of habeas corpus writ petition no.11028 of 2007 with a further prayer to quash the entire proceedings of the Sessions Trial.

(3.) The incident took place in two parts. On 15.12.1995 at about 6:30 a.m., Vikram was murdered by Kapil Deo Singh, Daya Singh and one unknown person on K. P. College Grounds, Allahabad. On the same day, the second part of incident took place at 16/115 Nai Basti, Sohbatiyabagh, P.S. George Town, Allahabad wherein Bhagat Singh and Smt. Prabha Singh were murdered. A consolidated FIR of both the incidents was lodged by first informant Nigam Singh (since dead) at P.S. George Town on 15.12.1995 at 8:10 a.m.