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1978 Supreme(SC) 280

JASWANT SINGH, P.S.KAILASAM, A.D.KOSHAL
Mannu – Appellant
Versus
State Of U. P. – Respondent


Judgment

KAILASAM, J,:- This appeal by the 10 appellants is by special leave which is restricted to the question of the offences and sentence only.

2. The 10 appellants and 3 others were tried by the Sessions Judge, Kanpur, for offences under Sections 147, 148, 302/149 and 307/149. The learned Sessions judge found all the accused persons guilty of the charges leveled against them and sentenced them to varying terms of imprisonment. The trial court sentenced the appellants to a term of 5 years R. I. under Sec. 302/149 an obvious illegality. The complainant preferred a revision to the High Court to revise the sentence imposed by the learned trial judge and pass an appropriate sentence. The convicted accused preferred an appeal against their conviction and sentence to the High Court. By a common judgment, the High Court disposed of the appeal and the revision petition. The High Court acquitted three persons and found the 10 appellants guilty of an offence under Section 302/149 and sentenced them to imprisonment for life. It also found the appellants guilty of other offences and imposed varying terms of imprisonment.

3. The special leave granted by this court was restricted only to the q







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