MOTI SINGH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1960-1-19
SUPREME COURT OF INDIA
Decided on January 23,1960

MOTI SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Cited Judgements :-

SHAM LAL VS. STATE [LAWS(DLH)-1972-1-10] [REFERRED 5.]
PARSHOTTAMBHAI KADUBHAI BHAVAIYA VS. STATE OF GUJARAT [LAWS(GJH)-1996-10-36] [REFERRED TO]
STATE OF GUJARAT VS. KHASIA GABHA BHUPAT [LAWS(GJH)-2001-2-36] [REFERRED TO]
DASRATH VS. STATE OF U P [LAWS(ALL)-1985-8-1] [REFERRED TO]
RAMVILAS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1985-4-4] [REFERRED TO]
NILAMBAR PATRA VS. STATE OF ORISSA [LAWS(ORI)-1984-9-5] [REFERRED TO]
NARAYANAN VS. STATE OF KERALA [LAWS(KER)-1964-6-12] [REFERRED TO]
MALKHAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1990-3-14] [REFERRED TO]
KULAMANI SANDHA VS. STATE [LAWS(ORI)-1990-9-22] [REFERRED TO]
IMRAN KHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1994-3-4] [REFERRED TO]
SURESH CHAND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2001-1-29] [REFERRED TO]
GULA VS. STATE OF M P [LAWS(MPH)-2003-4-2] [REFERRED TO]
OUSEPH VS. STATE OF KERALA [LAWS(KER)-1993-7-9] [REFERRED TO]
STATE OF MAHARASHTRA VS. KALLAPPA DEVU GIRMAL [LAWS(BOM)-1987-9-29] [REFERRED TO]
VITHALBHAI NAGARBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-1987-9-19] [REFERRED TO]
SANTOSH K CHAKRABARTY VS. STATE OF ORISSA [LAWS(ORI)-1985-3-20] [REFERRED TO]
STATE OF M P VS. ASHOK [LAWS(MPH)-1992-12-17] [REFERRED TO]
RAJAN VS. INSPECTOR OF POLICE TAMARAIKULAM POLICE STATION [LAWS(MAD)-2002-10-185] [REFFERED TO]
STATE OF MAHARASHTRA VS. DINKAR BALKRISHNA PALANDE [LAWS(BOM)-2004-8-49] [REFERRED TO]
RABINDRA NATH CAHUBEY VS. CHARAI CHAMAR [LAWS(PAT)-1984-7-7] [REFERRED TO : 1964 (1) CRI LJ 72. 7.]
SHYAM NARAYAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-11-19] [REFERRED TO]
QAIYUM MIAN VS. STATE OF BIHAR [LAWS(PAT)-1992-4-3] [REFERRED TO]
NARESH RAI ALIAS NARESH SINGH VS. STATE OF BIHAR [LAWS(PAT)-1993-3-53] [RELIED ON]
THAKOR MERAJI CHANDUJI VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-544] [REFERRED TO]
NAURANG SINGH VS. THE STATE [LAWS(HPH)-1976-1-10] [REFERRED TO]
LABA BEHERA VS. STATE OF ORISSA [LAWS(ORI)-1992-11-24] [REFERRED TO]
SASHI JENA VS. KHADAL SWAIN [LAWS(SC)-2004-2-38] [REFERRED TO]
G S WALIA VS. STATE OF PUNJAB [LAWS(SC)-1998-3-4] [DISTINGUISHED]
STATE OF KERALA VS. PADMANABHAN NAIR [LAWS(KER)-1989-8-36] [REFFERRED TO]
BARUNA SA VS. STATE OF ORISSA [LAWS(ORI)-2011-3-3] [REFERRED TO]
LAXMAN S/O SIKANDER GUJAR VS. STATE OF MADHYA PRADESH, THROUGH POLICE STATION-NARVAR, DISTRICT SHIVPURI [LAWS(MPH)-2012-9-146] [REFERRED]
BIKRAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-6-20] [REFERRED TO]
JORA SINGH VS. STATE OF HARYANA [LAWS(P&H)-2003-9-122] [REFERRED TO]
LALITA VS. STATE [LAWS(DLH)-2014-5-291] [REFERRED TO]
BILLA MURALI VS. STATE OF A.P. [LAWS(APH)-2014-1-136] [REFERRED TO]
DHANESWAR SAHU VS. DAMODAR PARIDA AND ORS. [LAWS(ORI)-1989-12-9] [REFERRED TO]
STATE OF GUJARAT VS. PATEL RANMALBHAI LAXMANBHAI [LAWS(GJH)-2014-11-75] [REFERRED TO]
BHANU DEI AND JOGINATH PRADHAN VS. THE STATE [LAWS(ORI)-1985-4-43] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SH. UTTAM CHAND AND ORS. [LAWS(HPH)-2010-5-153] [REFERRED TO]
GANESAN VS. STATE [LAWS(MAD)-2016-4-52] [REFERRED TO]
UNNIKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2016-6-137] [REFERRED TO]
R. MAHESH VS. STATE OF KARNATAKA [LAWS(KAR)-2016-3-318] [REFERRED TO]
MIRA ROY VS. STATE OF WEST BENGAL & ANOTHER [LAWS(CAL)-2002-12-32] [REFERRED]
RANBIR YADAV VS. THE STATE OF BIHAR [LAWS(PAT)-2017-8-235] [REFERRED TO]
SANJAY RAMKRUSHNA BHATKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-3-166] [REFERRED TO]
O P MAHAJAN VS. STATE OF PUNJAB [LAWS(P&H)-2018-10-232] [REFERRED TO]
ASMA BANU W/O SHAHBUDDIN VS. STATE OF KARNATAKA [LAWS(KAR)-2019-3-344] [REFERRED TO]
AMIT KUMAR MISHRA VS. STATE OF M.P. [LAWS(MPH)-2020-7-341] [REFERRED TO]


JUDGEMENT

Raghubar Dayal, J. - (1.)Moti Singh and Jagdamba Prasad, appellants, together with five other persons, were convicted by the Sessions Judge of Unnao of offences under Ss. 148, 302 read with 149 and 307 read with 149 I. P. C. Each of them was sentenced to life imprisonment under S. 302 read with S. 149 I. P. C.
(2.)On appeal the High Court acquitted the other five persons of the various offences. The conviction of the appellants under S. 148 I. P. C. was also set aside, but their conviction for the offences under Ss. 302 and 307 read with S. 149 were altered to conviction for offences under Ss. 302 and 307 read with S. 34 I. P. C. On the application of Krishna Kumar, brother of one of the persons who had been murdered, the High Court enhanced the sentence of the appellants for the offence of murder, to death. Moti Singh and Jagdamaba Prasad have preferred these appeals respectively, after obtaining special leave from this Court.
(3.)It is not necessary to detail the facts of the incident in which several persons lost their lives and for participation in which incident the appellants were convicted, as we are of opinion that the conviction cannot be maintained on the basis of the evidence on record as appreciated by the High Court.
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