BALKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals arise out of S.T. No. 589 of 1976 decided by Sessions Judge, Shahjahanpur by his order dated 21-9-1977 convicting all the appellants under sections 302/149 and 323/149 I.P.C. and sentencing each of them to imprisonment for life and R. I. for six months respectively for the two offences. Appellant Karnail Singh, who is said to have been armed with a lathi, was further convicted under section 147 I.P.C. and sentenced to R.I. for one year, while the remaining five appellants, who were armed with deadly weapons,T were convicted under section 148 IP.C. and each of them was sentenced to R.I. for lh/2 years. All the sentences were made to run concurrently.

(2.) Criminal Appeal No. 2151 of 1977 has been filed by Balkar Singh, Sunder Singh and Smt. Swaran Kaur while Criminal Appeal No. 2152 of 1977 has been filed by Gurbax Singh, Ratan Singh and Karnail Singh. As the two appeals related to the same incident and. arise out of a common judgment, they were heard and are being disposed of together. It may also be mentioned that appellant Karnail Singh died during the pendency of this appeal and as such the appeal filed by him has abated.

(3.) All the appellants are closely related. Appellants Gurbax Singh, Balkar Singh and Ratan Singh are own brothers being sons of Karam Singh. Appellant Sunder Singh is their cousin and lives with Ratan Singh. Appellant Smt. Swaran Kaur is the sister of accused Gurbax Singh, Balkar Singh and Ratan Singh. Accused Karnail Singh, who died during the pendency of this appeal, was husband of Smt. Swaran Kaur. All of them are residents of village Umria Kalyanpur, Police Station Powayan, District Shahjahanpur and have their Jhalas (huts) in their fields situated about a furlong in the south of Jagannath PandeyTs chak.