RAM MOHAN SINGH AND Vs. STATE

JUDGEMENT

(1.) Both these appeals arise out of a common judgement and they are therefore being decided together. Criminal Appeal No. 1951 of 1951 -- Ram Mohan Singh y. State shall be the leading appeal.

(2.) The appeals are directed against the judgement of conviction dated 29-8-1980 and sentence dated 30-8-1980 of Shri R. R. Jatav, the then learned Sessions Judge, Hamirpur hereby he had decided Sessions Trial Nos. 7 of 1977, 38 of 1977 and 62 of 1977 under Section 396 IPC. He found the appellants guilty under Section 396 IPC, and awarded the sentence of life imprisonment to Ram Mohan Singh and 10 years rigorous imprisonment to Gulab Singh. A lesser sentence was awarded to Gulab Singh in view of his old age. The State has not preferred appeal against the quantum of sentence awarded to Gulab Singh. The appeals are pending for the last about 15-years and at such a late stage, we do not find it proper to issue notice to Gulab Singh forenhancement of his sentence although we are of the opinion that the sentence awarded is lenient.

(3.) In all, the learned Sessions Judge tried seven accused persons out of whom five were acquitted while the remaining two, as mentioned above were found guilty and sentenced.