STATE OF U P Vs. VIJAY SINGH

JUDGEMENT

(1.) THESE are con ­nected 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 un ­der section 364 read with 149 IPC and sen ­tenced each of them to rigorous imprison ­ment for a term of ten years and a fine of Rs. 10,000/ - each and further convicted and sentenced them to one year under sec ­tion 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 Shaym Singh have jointly challenged their conviction through Criminal Appeal No. 4437 of 2005 and Shobha Singh has chal ­lenged his conviction and sentence through Criminal Appeal No. 3613 of 2005. All these seven persons were accused of kid ­napping 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 sec ­tions 302/149 IPC and 201/149 IPC. This acquittal has been challenged by the State through Government Appeal No. 5150 of 2005 and by the complainant Girendra Singh by filing Criminal Revision No. 3967 of 2005. Since all these appeals and revi ­sion, have arisen out of one judgment they are being decided together.

(3.) THE incident took place allegedly in a hotel of Phool Singh Yadav in mohalla Deo Nagar of township of Jalaun within circle of P.S. Jalaun. It is alleged that appel ­lant Vishal Singh resident of Hardoi Raja was in litigation with Angad Singh of same village and there was strong enmity be ­tween the two with regard to management of school. The deceased Puran Singh used to casually drive jeep of Angad Singh and used to remain in his company. This was cause of annoyance for Vishal Singh and his family members against the deceased.