STATE OF HIMACHAL PRADESH Vs. ANUP SINGH

JUDGEMENT

(1.) This judgment will dispose of Criminal Revision No. 90 of 1985, Sucha Singh and another v. State of H. P. and another and Criminal Appeal No. 6 of 1986, State of Himachal Pradesh v. Anup Singh, as both the cases arise out of the same subject -matter in the following circumstances.

(2.) The present case under sections 348, 330 and 217 read with section 34 of the Indian Penal Code was initiated against all of them. The learned Judicial Magistrate, 1st Class (3), Simla, in -case No. 149 of 1976 in F. I. R. No. 88 of 1975 convicted all the accused vide judgment dated 28 -7 -1981 but gave them benefit by application of section 360 of the Code of Criminal Procedure.

(3.) Out of this judgment, Criminal Appeal Nos. 33 -S/iO of 1981, 15 -S/10of 1982 and 14 -S/I0of 1985, Anup Singh v. State, 72 -S/10 of 1981, 14 -S/10 of 1982 and 13 -S/I0 of 1985, Sucha Singh and another v. State, and Criminal Revision Nos. 59 -S/10 of 1981, 3 -S/10 of 1982 and 15 -S/10 of 1985 Durga Singh v. Anup Singh and others, were filed in the Court of Additional Sessions Judge (II), Simla. All these matters were decided by a common judgment on 31 -7 -1985. By this judgment, appeal of Anup Singh was allowed whereas the appeal filed by Sucha Singh and Raghbir Singh was allowed relating to offence under section 217 read with section 34 of the Indian Penal Code. The same was dismissed relating to offences under sections 342/330 read with section 34 of the Indian Penal Code and the order of the trial court was modified only to the extent that the benefit of section 360 of the Code of Criminal Procedure extended to them was terminated and they were sentenced to imprisonment as under : "Sucha Singh: