BALIRAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS Application No. 847 of 52 and Criminal Revision No. 848 of 1952, which have been heard together, arise out of facts which are so intimately connected as, according to the prosecution to form part of the same occurrence, but two different cases were started against the accused persons. Some of the petitioners in Criminal Revision No. 847 six in number are the same as in Criminal Revision No. 848, and the point of law raised on behalf of the petitioners is identical in both these applications.

(2.) THE petitioners, except Rajmangal Singh, Lachhuman Singh and Ramballam Singh, were convicted under Section 147, Penal Code and sentenced to undergo rigorous imprisonment for six months each. Rajmangal Singh, Lachhuman Singh and Ramballam Singh were convicted under Section 148, Penal Code and sentenced to undergo rigorous imprisonment for one year each. Rajmangal Singh was also convicted under Section 326 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. Lachhuman Singh and Ramballam Singh were also convicted under Section 324, Penal Code and sentenced to six months' rigorous imprisonment. Baliram Singh, Deonandan Singh and Nema Mariari were further convicted under Section 323, Penal Code, but no separate sentence was passed under this section. All the sentences were ordered to run concurrently.

(3.) ON appeal the conviction under Sections 147 and 148 was affirmed, but the sentence was reduced from six months to two months' rigorous imprisonment in the case of the petitioners convicted under Section 147, and from one year to a period of six months' rigorous imprisonment in the case of the petitioners convicted under Section 148, Penal Code. The conviction and sentence under Sections 324 and 326 were maintained.