A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
State Of U. P. – Appellant
Versus
Paras Nath Singh – Respondent
Judgment
DUA, J. : The State of U. P., the appellant in this appeal by special leave, assails the judgment of the Allahabad High Court dated May 18, 1970 acquitting on appeal the six respondents in this Court who were convicted by the Court of the first temporary Civil & Sessions Judge, Pratapgarh on September 1, 1969, of various offences under the Indian Penal Code. The accused Paras Nath Singh, Ramendra Pratap Singh, Hari Saran Singh and Lal Pratap Singh were sentenced to death under S. 302 read with S. 149, I.P.C. The accused Surendra Pratap Singh and Shiva Pratap Singh were also convicted under the said sections but sentenced to life imprisonment. Leniency was shown to them by the trial court because Surendra Pratap Singh was stated to be a budding lawyer and Shiv Pratap Singh, being of tender age (15 or 16 years old), was considered to have apparently been misled by his relations. Excepting Surendra Pratap Singh and Hari Saran Singh, the remaining accused were also sentenced to rigorous imprisonment for one year each under S. 147, I.P.C. They were further convicted under S. 148, I.P.C. and sentenced to rigorous imprisonment for two years each. Accused Paras Nath Singh was in ad
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