ACCHUTA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Acchuta Singh, Kedar Singh and Jagarnath Singh have filed this appeal against their conviction and sentences awarded by the judgment of the IVth Additional Sessions Judge, Ballia, dated 6-4-1979 in Sessions Trial No. A-95 of 1974 whereby Kedar Singh and Jagarnath Singh were convicted under Ss.147, 302/149, 365 and 201/149, I.P.C., sentenced to one year, life imprisonment, three years' rigorous imprisonment and four years' rigorous imprisonment respectively, while Acchuta Singh was convicted under Ss.147, 302/149, 365/ 149 and 201/ 149, I.P.C. and sentences to him were same as awarded to others.

(2.) It is an unfortunate case where the paucity of evidence is likely to secure acquittal for the appellants even though one might have enough suspicion that they have participated in the incident. It may be mentioned here that along with these three appellants, 9 others namely Parmatma Singh, Siya Ram, Basawan Singh, Rama Shanker Singh, Tej Bahadur Singh, Nagina, Ras Bihari, Mohan Ahir and Harendra Singh were also tried but they have been acquitted by the trial Judge on the ground that there was no evidence available against them.

(3.) We have heard Sri G. P. Dixit counsel for appellants and Shri Dudh Nath Yadav, A.G.A., for the State and entire record has been examined.