DHYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. Caudhary, J. Since all the three criminal appeals have arisen out of one and the same judgment and order passed in sessions trial No. 84 of 1980, State of U. P. v. Dhyan Singh & Ors. , and connected sessions trial Nos. 85, 86, 87 and 88 of 1980 all the three criminal appeals abovementioned have been heard together. Judgment shall be placed on the record of criminal appeal No. 190 of 1981, Nabi Ahmad @ Nabi Jan Khan v. State of U. P. , which is leading one.

(2.) THESE three appeals have been filed on behalf of the accused appellants from judgment and order dated 21st of January 1981 passed by III Additional Sessions Judge Rampur in sessions trial No. 84 of 1980, State of U. P. v. Dhyan Singh & Ors. , and connected sessions trial Nos. 85, 86, 87 and 88 of 1980 convicting the accused appellants under Sections 399 and 402 IPC and Section 307 read with Section 149 IPC and sentencing each of them to five years' rigorous imprisonment for each of the offences aforesaid and also convicting them under Section 25 of the Arms Act and sentencing each of them to one year's rigorous imprisonment thereunder directing all the sentences to run concurrently.

(3.) THE accused pleaded not guilty denying the alleged occurrence altogether and also denying their arrest at the place, time and in the manner alleged by the prosecution. THEy also denied the alleged recovery of arms and ammunition from their possession.