SANTOK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These are two connected appeals directed against the judgment and order dated 14/15th January 2004 passed by Sri Hari Singh, Additional Sessions Judge, Court No. 5, Rampur in Sessions Trial No. 109, 110 and 111 of 2002 which were tried together. The accused appellant Santok Singh is father and the other appellant, Nirmail Singh is his son. Santok Singh has been convicted under Section 302 read with Section 34 I.P.C, whereas Nirmail Singh has been convicted under Section 302 I.P.C.

(2.) The murder of one Sohan Singh is involved. Death sentence has been awarded to Nirmail Singh whereas life imprisonment has been awarded to Santok Singh. Santok Singh and Nirmail Singh were tried under Section 25 of the Indian Arms Act also in sessions Trial No. 110 of 2002 and 111 of 2002 respectively. Sentence of three months rigorous imprisonment to each of them has been awarded for the said offence. The two sentences have been ordered to run concurrently. In addition to the imprisonment for life under Section 302 read with Section 34 I.P.C., the accused appellant Santok Singh has also been awarded a sentence of fine of Rs. 50,000 - out of which a sum of Rs. 25,000/- has been ordered to be given to the complainant P.W. 1 Sukhbinder Singh and the remaining 25,000/-is go to the State Exechequer.

(3.) Since death sentence has been awarded to the accused appellant Nirmail Singh, the Additional Sessions Judge has also made reference under Section 366(1) Cr.P.C. for the continuation of the death sentence.