STATE Vs. VIJAY SINGHA

JUDGEMENT

(1.) THESE are connected appeals and revision against the judgment and order dated 6. 8. 2005 passed in S. T. No. 19 of 1998 connected with S. T. No. 104 of 1998 by Special Judge (E. C. Act) Jalaun whereby he has convicted seven persons namely Vijay Singh, Shailendra Singh, Amit singh, Shyam Singh, Ram Singh, Shobha singh and Vishal Singh under Section 364 read with 149 IPC and sentenced each of them to rigorous imprisonment for a term often years and a fine of Rs. 10,000 each and further convicted and sentenced them to one year under Section 147 IPC.

(2.) OUT of these persons Vishal Singh, vijay Singh, Shailendra Singh and Amit singh have preferred Criminal Appeal no. 4360 of 2005 challenging their conviction and sentence. Similarly Ram Singh and shyam Singh have jointly challenged their conviction through Criminal Appeal no. 4437 of 2005 and Shobha Singh has challenged his conviction and sentence through criminal Appeal No. 36 13 of 2005. All these seven persons were accused of kidnapping puran Singh son of Lakhan Singh on 26. 9. 1997. His dead body was found in a well on 27. 9. 1997. These appellants were charged for the offence punishable under sections 147,148,364/149,302/149,201/149 ipc. The Trial Court acquitted them for the offence punishable under Sections 302/149 ipc and 201/149 IPC. This acquittal has been challenged by the State through Government Appeal No. 5 150 of 2005 and by the complainant Girendra Singh by filing criminal Revision No. 3967 of 2005. Since all these appeals and revision, have arisen out of one judgment they are being decided together.

(3.) OUT of accused appellants, three namely Vijay Singh, Shailendra Singh and vishal Singh are real brothers being sons of Dhara Singh. Appellant Shobha Singh is their real uncle and appellant Amit Singh is son of Shobha Singh. Remaining two appellants Ram Singh and Shyam Singh are cousin brothers from another family, having a common grand father.