NEPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed on 29/11/1978 by Mr. N.B. Asthana, the then IV Additional Sessions Judge, Bulandshahr. Appellants Nepal Singh, Leela and Mahavir Singh have been convicted under sections 147 and 307/ 149; IPC and each one of them has been sentenced to one year's rigorous imprisonment on the first count and to five years rigorous imprisonment on the second. Similarly Udaivir Singh and Ram Chandra have been convicted under sections 148 and 307/149 IPC and sentenced to rigorous imprisonment for 11/2 years each on the first charge and to five years rigorous imprisonment on the second charge. The order was passed in Criminal Sessions Trial No. 367 of 1974. All the sentences of each of the accused have been made concurrent.

(2.) There was a sixth accused also namely. Man Singh, who died during the pendency of the trial and therefore the case against him was dropped.

(3.) The prosecution story is that Udaivir Singh Ram Chandra and Man Singh (since deceased) were armed with guns and which they used on the spot, while Mahavir Singh, Leela and Nepal Singh were armed with lathis and they all (six in number) emerged out of the Gher of Nepal Singh which happens to be just in front or the ahata of the injured P.W. 1 Charan Singh, who is the complainant of the case.