SOKHA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) KHEM Karan, J. Criminal Appeal No. 652 of 1979 by Sokha Singh and Sanokha Singh is against the judgment and order dated 30-8-1979 delivered by the II Addl Sessions Judge, Barabanki in S. T No. 208-A of 1975, by which he convicted both these appellants under Section 302/34 of I. P. C. and sentenced both of them to im prisonment for life; and Criminal Appeal No. 159/81 by the State is directed against the same judgment and order, by which he acquitted the respondents of that appeal, of the charges framed against them.

(2.) WE would like to mention at the very out-set that though State appeal was filed against as many as 23 persons, but this Court admitted the appeal only against the respondents, named above, and refused to grant the leave to appeal against rest of the 9 accused shown in the memo of appeal. It transpires from the perusal of the order-sheet and the information avail able on the record of Crl. Appeal No. 158/81 that respondent No. 6 Brijraj Singh, No. 11 Bhabhuti, No. 15, Abhilakh Singh, No. 17, Ram Nath Singh have died during pendency of this appeal, hence the appeal as against them stands abated.

(3.) IT was also alleged that when Yadunath Singh fell down, as a result of lathi blows, the accused Sokha Singh and Sonakha Singh started giving sword blows to him as a result of which Yadunath Singh became seriously injured. IT was also said that police personnel opened fire with a view to meet the situation and the witnesses Ram Lautan, Ram Gulam, Sadhu, Hari Karan, Hari Ahir, Parsadi, Balgar and others challenged the assailants and the informant Puttu Singh, his brother Bishambhar Singh and Ganga Singh snatched lathis from some of the culprits and wielded the same in defence, as a result of which some of the accused also received injuries. Amongst the injured, there was one Ram Chander also, who was mentally ill. While Yadunath Singh was being taken to Suratganj hospi tal, he succumbed to his injuries on way. His dead body was brought back to the house. Puttu Singh, Bishambhar Singh and Ganga Singh also received injuries at the hands of the accused.