VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. The above bunch of appeals has been assigned to this Court for rehearing and decision afresh pursuant to an order passed by the Apex Court in Criminal Appeal Nos. 727 and 729 of 1998 whereby the judgment and order rendered by a Division Bench of this Court acquitting the accused persons was set aside and the matter was relegated to this Court for rehearing.

(2.) IT would appear that the above appeals stemming from a composite judgment were preferred in this Court assailing the judgment and order dated 18. 4. 1996 passed by 3rd Addl. Sessions Judge Muzaffarnagar in S. T. No. 72 of 1985 whereby the appellants Veer Singh, Tahal Singh, Amrik Singh, Kameer Singh and Balkar Singh were convicted under section 302 read with section 149 IPC and sentenced with death penalties. They were further convicted under section 307/149 IPC and sentenced to undergo R. I. for a period of 6 years, attended with further conviction under section 452 IPC and sentence to undergo R. I. for 4 years. The appellants Veer Singh, Tahal Singh and Balkar Singh were further convicted under section 148 IPC and sentenced to undergo R. I. for 2 years while Kameer Singh and Amreek Singh were further convicted under section 147 IPC and sentenced to undergo R. I. for one year. Government Appeal aforesaid was also filed assailing the judgment and order of Addl. Sessions Judge aforesaid whereby verdict ending up in acquittal of Hardeep @ Deepa, Sinder Singh and Nishan Singh had been in challenge.

(3.) AFTER the investigation was over, charge-sheet was submitted arraying Lakha Singh, Sahendra Singh, Jogendra Singh alias Ginder, Kartar Singh, Tahal Singh, Amrik Singh, Amir Singh, Dheer Singh, Balkar Singh, Sahendra Singh son of Saudagar Singh, Hardeep alias Deepa, Nishan Singh as accused persons. The charge-sheet against accused Mahendra alias Minder, was filed absente reo (abscondence), which is Ext. Ka-94. Medical examination of Smt. Harbans Kaur was conducted on 14. 7. 1984 at 6. 30 A. M. by Dr. Naresh Sharma enumerating following injuries: 1. Incised wound 11. 0 cm. x 1. 5 cm. x bone deep on head, Lt. side, oblique, 6. 5 cm. above Lt. ear. Bleeding-Fresh, sharp, K. U. O. Ad. X-ray. 2. Lacerated wound 1. 2 cm. x 0. 5 cm. x bone deep on Rt. ear, upper part of lobula. Fresh bleeding. K. U. O. Ad. X-ray. 3. Red contusion 7. 0 cm. x 1. 0 cm. on Rt, cheek between injury No. 2 and 4. on face Rt. side. Fresh, Blunt, K. U. P. Ad. X-ray. 4. Lacerated wound 3. 0 cm. x 0. 7 cm. x through and through Rt. cheek with injury on corresponding area on Rt. jaw measuring 3. 0 cm. x 0. 3 cm. x bone deep. Fresh, bleeding. K. U. P Ad. X-ray. 5. Red contusion 20 cm. x 1. 5 cm. on back both side of midline upper third. Fresh, blunt, simple.