GHANSHYAM Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
STATE OF UTTAR PRADESH
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(1.) Special leave is granted only to the appellant Kehar Singh son of Ghanshyam. In respect of others the Special Leave Petition is rejected.
(2.) The appellant Kehar Singh with his brother Dhir Singh and father Ghanshyam and acquitted accused Hukum Singh were tried by the learned III Additional District and Sessions Judge, Saharanpur, for having committed offences under Ss. 302/34 and Sections 323/34 of the Penal Code. Hukum Singh was acquitted. The remaining three accused including Kehar Singh were convicted for both the offences and with respect to the first offence each one of them was sentenced to suffer imprisonment for life and in respect of the second offence, rigorous imprisonment for six months. Substantive sentences were directed to run concurrently.
(3.) The appellant, his father Ghanshyam and brother Dhir Singh preferred Criminal Appeal No. 2170 of 1976 in the High Court of Judicature at Allahabad. A Division Bench of the High Court dismissed the appeal and confirmed the conviction and sentence of Ghanshyam and Dhir Singh but while confirming the conviction of appellant Kehar Singh the High Court set aside the sentence and referred his case to the State Government under Section 32 of the Uttar Pradesh Children Act, 1951 ('Act' for short) and pending the decision of the Government under S. 32 (2), Kehar Singh was directed to be kept in safe custody in jail but he was neither to be treated as convict serving a sentence nor undertrial and the confinement was for safe custody only.;
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