JAI SINGH Vs. STATE

JUDGEMENT

(1.) ACCUSED Atar Singh, Mohar Singh, Lai Singh, Ramesh and Jai Singh have come up in appeal before this Court against the judgment and order dated 21 -3 -1986 passed by the Special Judge, Budaun in Sessions Trial No. 345 of 1984 in which the accused Atar Singh, Mohar Singh, Lai Singh and Ramesh were convicted and sentenced to undergo two years' R. I. under section 148 IPC. Atar Singh, Mohar Singh and Ramesh were further convicted and sentenced to capital punishment of being hanged by neck till they were dead under section 302 read with section 149 IPC for the murders of Shyampal and Jumman. Accused Lal Singh was convicted and sentenced to undergo capital punishment of being hanged by neck till he was dead under section 302 IPC for the murder of Jumman and under section 302 read with section 149 IPC for the murder of Shyampal. Accused Jai Singh was convicted and sentenced to undergo one year's R. I. under section 147 IPC and life imprisonment under section 302 IPC read with section 149 IPC and the sentences were directed to run concurrently.

(2.) ALONG with the appeal reference for confirmation of the death sentences has also come up before us.

(3.) IT is stated that on the night of 7/8 -8 -1984 at about 1.30 a.m., the two deceased Shyampal and Jumman were sleeping alongwith some other persons in front of the chaupal of Soran when the accused attacked Shyampal and thereafter Jumman was also attacked. The accused Jai Singh was alleged to have been armed with lathi while accused Atar Singh, Mohar Singh and Ramesh were said to have been armed with spears Accused Lai Singh was in possession of a country made pistol (katta) and he is said to have used this tire arm in the alleged murder.