JARNAIL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ALL these appeals are filed against the judgment and order dated 22 -9 -2004 passed by Special Judge, S.C.S.T. Act, Pilibhit. Crl. Appeal Nos. 5169 of 2004 and 5170 of 2004 are filed against the conviction of the appellants under Section 147 I.P.C. and sentence to undergo R.I. for one year, under Section 148 I.P.C. and sentence to undergo R.I. for two years, under Section 364 I.P.C. and sentence to undergo R.I. for 7 years and a fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for six months, under Section 307/149 I.P.C. and sentence to R.I. for 7 years and fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for six months, under Section 302/149 I.P.C. and sentence to imprisonment for life and fine of Rs. 15,000/ - and in default of payment of fine further one year R.I., under Section 201/149 I.P.C. and sentence to two years R.I. and a fine of Rs. 2,000/ - and in default of payment of fine further imprisonment for three months. Crl. Appeal No. 1394 of 2005 filed by Nirmal Singh alias Nimma is against the conviction under Section 25 Arms Act and sentence of imprisonment for two years and a fine of Rs. 2000/ - and in default of payment of fine further imprisonment for three months. Crl. Appeal No. 1395 of 2005 filed by Rakshpal Singh is against the conviction under Section 25 Arms Act and sentence to imprisonment for two years and a fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for three months.

(2.) SINCE all the above appeals are filed against the common judgment, therefore, they are disposed of together by this judgment.

(3.) THE post -mortem on the head of the deceased Dheer Singh was conducted by Dr. N.K. Mishra on 10 -4 -2001 at about 3.30 p.m. and he noted the following ante -mortem injuries: