2019 Supreme(All) 64
IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, DINESH KUMAR SINGH, JJ.
GAJRAJ SINGH - Appellant
Versus
STATE OF U.P. - Respondent
Criminal Appeal No. 1530, 721, 832, 872 of 2011
Decided On : 23-01-2019
S.P.S. Rathore, Adv., Lav Srivastava, Adv., V.P. Srivastava, Adv., Vijay Singh Sengar, Adv., Vinay Saran, Adv., Ajay Kumar, Adv., Anvir Singh, Adv., G.S. Chaturvedi, Adv., Prem Shankar, Adv., D.P. Singh, Adv., S. Niranjan, Adv., Saurabh Gour, Adv., A.B.L. Gour, Adv., Arimardan Yadav, Adv., Hitesh Pachauri, Adv., Jadu Nandan Yadav, Adv., Syed Mohammad Abbas Abdy, Adv., Rajul Bhargava, Adv., V.S. Dwivedi, Adv., P.C. Mishra, Adv.
Headnote:Code of Criminal Procedure section 437 - Indian Penal Code 395, 364, 147, 148, 302/149, 201 and 120-B - Petition was filed against the order of conviction of the accused - Held, Accused are not deserving to be convicted - Accused are thereby given the benefit of doubt and hence acquitted.
DINESH KUMAR SINGH, J.
1. Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Saghir Ahmad, Sri Vijay Singh Sengar and Sri Anvir Singh, learned counsel for the appellant, Sri Dharampal Singh, learned Senior Advocate, assisted by Sri S.Niranjan, learned counsel for the complainant, Sri Jai Narayan, learned AGA for the State and perused the record.
2. In this judgment, we are dealing with four criminal appeals i.e. Crl. Appeal No. 1530 of 2011, preferred by appellant- Gajraj Singh, Crl. Appeal No. 721 of 2011, preferred by appellants- Hari Singh, Sripal Singh, Shyam singh, Het Singh and Crl. Appeal No. 832 of 2011, preferred by appellant- Anar Singh and Crl. Appeal No. 872 of 2011 preferred by the appellant- Sadhu, against common judgment and order dated 24.1.2011 passed in S.T. No. 281 of 1981, State of U.P. Vs. Sadhu Singh, S/o Chheda Singh and six others, u/s 395, 364, 147, 148, 302/149, 201 and 120-B IPC, P.S. Patiyali, District Etah, pertaining to Crime No. 170 of 1980, whereby all the appellants have been convicted and awarded following punishment and all the sentences are directed to run concurrently.
3. During pendency of appeal, appellant Shyam Singh died and his appeal has been abated on 22.11.2013, while appellant Het Singh also died hence his appeal is also abated on 6.8.2014.
4...............
Sr. No.
Name
364 read with Section 120 B IPC
364 IPC
147 IPC
148 IPC
302 IPC read with Section 149 IPC
201 I.P.C.
395 IPC
1
Sadhu Singh
10 Years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of two months
2 Years R.I.
3 Years R.I.
Life imprisonment, Fine Rs. 25,000/-, In default of payment of fine, additional imprisonment of 5 months
7 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
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2
Anar Singh
----
10 Years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of two months
2 Years R.I.
3 Years R.I.
Life imprisonment, Fine Rs. 25,000/-, In default of payment of fine, additional imprisonment of 5 months
7 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
10 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
3
Gajraj Singh
-----
10 Years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of two months
2 Years R.I.
3 Years R.I.
Life imprisonment, Fine Rs. 25,000/-, In default of payment of fine, additional imprisonment of 5 months
7 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
10 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
4
Hari Singh
-----
10 Years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of two months
2 Years R.I.,
3 Years R.I.,
Life imprisonment, Fine Rs. 25,000/-, In default of payment of fine, additional imprisonment of 5 months
7 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
10 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
5
Sripal Singh
-----
10 Years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of two months
2 Years R.I.
3 Years R.I.
Life imprisonment, Fine Rs. 25,000/-, In default of payment of fine, additional imprisonment of 5 months
7 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
10 Years R.I., Fine Rs. 5000/-, In default of payment of fine, additional imprisonment of 2 months
6
Shyam Singh