DOORI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These two criminal appeals numbered 2320 of 1977 and 2321 of 1977 arise out of a single judgement in S.T. No. 381 of 1976 wherein a judgement of conviction and sentence was recorded by the V Additional Sessions Judge, Aligarh, dated 28.9.1977. These appeals were heard together and are being disposed of by this single Judgement.

(2.) Criminal Appeal No. 2320 of 1977 has been filed by four appellants, namely, Teekam Singh and his three sons, viz. Shiv Charan, Veer Pal and Harpal. All of them were convicted under Sec. 148 Indian Penal Code and sentenced to RI for one year each, under Sec. 452 Indian Penal Code and sentenced to RI for two years each, under Sec. 326/149 and sentenced to RI for two years each and also under Sec. 323/149 Indian Penal Code and sentenced to RI for 11/2 years each. The sentences were to run concurrently. It may be noted here that admittedly, after filing this appeal, Teekam Singh has died and the appeal, therefore, abated so far he is concerned. In the aforesaid Appeal No. 2320 of 1977 we shall confine ourselves to the conviction and sentences of the other three appellants only. All of them are on bail after filing of this appeal.

(3.) Criminal Appeal No. 2321 of 1977 has been preferred by Dori Singh son of Teekam Singh. In addition to the conviction and sentences, as mentioned above, for the appellants in the other appeal, Dori Singh has further been found guilty under Sec. 302 Indian Penal Code and on this count he has been sentenced to life imprisonment. Dori Singh has been refused bail after admission of the appeal and he is undergoing his imprisonment.