DIGAMBER SINGH Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of the same judgement and order passed by Mr. N.B. Asthana, the then IV Additional Sessions Judge of Bulandshahr on 19-6-1978 in Sessions Trial No. 271 of 1976 and hence they have been heard together and are being disposed of by this judgement.

(2.) Mr. N.B. Asthana, the then IV Addl. Sessions Judge found Digamber Singh and Prempal Singh both guilty on a charge under S.396 of the Indian Penal Code, convicted them accordingly and sentenced each one of them to imprisonment for life. Feeling aggrieved, the two appellants now come up to this Court.

(3.) It appears that the learned Judge was disposing of two Sessions Cases Nos. 271 of 1976 and 92 of 1976. In the first case, seven persons stood their trial and in the Second case Kunwarpal and one other person Gurveer Singh were facing the trial but, it appears that Gurveer Singh absconded during the course of the trial and, therefore, his trial was separated and has been numbered as Sessions Trial No. 92-A of 1976. Kunwarpal Singh was acquitted and so also five of the accused of Sessions Trial No. 271 of 1976 namely Bhoja, Prem Singh, Harkesh, Bhura and Vijendra Singh. The present two appellants namely Digamber Singh son of Jagannath r/o Pali, P.S. Aurangabad, District Bulandshahr and Prempal Singh son of Charan Singh resident of Saidpur. P.S. Chandaus, District Aligarh were found guilty and sentenced.