JAI MAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Jaimal Singh, Dhoom Singh, Tej Pal Singh, Antu, Krishna, Karta, Om Pal, Manga, Mahipal, Soran, Dila, Mangta, Sukhpal, Naqli, Bhoora, Raja, Om Prakash, Mukanda, Yunus, Zahid, Behu, Durga, Sukhbir, Manga and 111am Singh, have preferred this appeal against their conviction and sentences recorded by Sri A.L. Srivastava, II Additional District and Sessions Judge, Saharanpur by his judgment and order dated 30-5-1977. Jaimal Singh, Dhoom Singh, Yunus, Zahid and 111am Singh were convicted under Sections 307/149 and 148 I.P.C. and they were sentenced to undergo R.I. for seven years and two years respectively. Soran, Dilla, Om Prakash and Mukanda were convicted under sections 307/149 and 148 I.P.C. and they were sentenced to undergo 5 years R.I. and two years R.I. respectively. Tej Pal Singh, Antu, Krishna. Karta, Om Pal, Manga, Mahipal, Mangta, Sukhpal, Naqli, Bhoora, Raja, Behu, Durga, Sukhbir and Manga were convicted under sections 307/149 and 147 I.P.C, and they were sentenced to undergo four years R.I. and one years R.I. respectively. Antu was convicted under section 307/149 and 147 I.P.C. and he was sentenced to 3 years R.I. and one year's R.I. respectively.

(2.) Antu died during the pendency of his appeal and as such, his appeal abates.

(3.) Out of the appellants mentioned above, Jaimal Singh, Dhoom Singh, Yunus, Zahid and 111am Singh were alleged to have been armed with fire-arms. Soran, Dilla, Om Prakash and Mukanda appellants were armed with spears where as the rest of the appellants were armed with lathis.