RAM DAS Vs. STATE

JUDGEMENT

(1.) These are two connected appeals directed against the judgment and order dated 24-1-1979 passed by Sri L.N. Rai, the then III AddI. District and Sessions Judge, Budaun in Sessions Trial No. A - 511 of 1974. By the impugned judgment, the trial Court convicted Ram Dass and Roop Kishore under Section 120 - B read with Sections 307 and 109, I.P.C. and sentenced each of them to undergo rigorous imprisonment for seven years. The learned Additional Sessions Judge convicted the third accused Kubairaj under Section 302 read with Section 34, I.P.C. and 307, I.P.C: read with Section 34. I.P.C. He was sentenced to seven years rigorous imprisonment under Section 307 read with Section 34, I.P.C. and life imprisonment under Section 302 read with Section 34, I.P.C. Both the sentences were directed to run concurrently. The two other accused Gabbo alias Gajendra Kumar and Hart Om were also simultaneously tried but they were acquitted.

(2.) Criminal Appeal No. 435 of 1979 came to be filed by Ram Dass, Roop Kishore and Kubairaj who were convicted and sentenced as mentioned above.

(3.) Criminal Appeal No. 1144 of 1979 was filed by the State against Ram Dass and Roop Kishore for enhancement of their sentence on the ground that they were guilty for criminal conspiracy to commit the offence of murder too, punishable with death. The two appeals are being decided by this common judgment.