Kasliwal, J. - (1.) All the above four appeals relate to the same incident and are directed against the same Judgment of Delhi High Court dated 26-8-1978 as such they are disposed of by one single order. It may be mentioned that so far as Appeal No. 57 of 1980 is concerned, the accused-appellant Amar Singh Solanki having died, his legal representatives have filed an application for permitting them to continue the appeal, but as we are maintaining the conviction, it is unnecessary to bring the legal representatives on record and we dismiss this appeal as having abated.
(2.) We do not consider it necessary to mention the facts in detail as we are upholding the findings of the High Court as regards the participation of the accused-appellants in the crime. The only question to be considered by us is regarding the offence committed by the appellants and the sentence to be awarded in the facts and circumstances of the case.
(3.) The incident relates to a highway robbery committed on 20th April, 1975 at 7.30 p.m. in which one Naresh Chand resident of house No. 1/2 Ram Kishore Road, Civil Lines, Delhi died on account of injury inflicted by accused persons. The police challenged five persons, namely, Subhash, Jagmal Singh, Bishan Dayal, Suraj Bhan and Amar Singh for dacoity and murder. The learned Additional Sessions Judge, Delhi convicted and sentenced all the five persons in the following manner : (1) Subhash - convicted under Sections 302/396, IPC and sentenced to death - convicted under Section 143, IPC and sentenced to rigorous imprisonment for six months - also convicted under Sections 395/397 and sentenced to rigorous imprisonment for ten years. (2) Jagmal Singh, Bishan Dayal, Suraj Bhan and Amar Singh Solanki - all these four accused persons convicted under Sections 302/149 as well as under Sections 395/396, IPC and sentenced to imprisonment for life. All these persons were also convicted under Section 143, IPC and sentenced to rigorous imprisonment for six months. ;