- (1.) The three appellants in Criminal Appeal No. 259 of 1979 and the sole appellant in Criminal Appeal No. 258 of 1979 along with two others were indicted of the offences punishable under S. 147, 148, 302 read with S. 149 and 325 read with S. 149 Indian Penal Code on the allegations that they all formed themselves into unlawful assembly and in prosecution of the common object of that assembly they committed murder of Preetam Singh and caused grievous hurt to Public Witness 4. As the appellant in Criminal Appeal No. 258 of 1979, namely, Pyare Singh was absconding, the case as against the three appellants in Criminal Appeal No. 259 of 1979 was split up and the three appellants along with two others were tried for the above-said offences and convicted under S. 302 read with S. 149 Indian Penal Code and S. 325 read with S. 149 and sentenced to undergo imprisonment for life and 3 years' rigorous imprisonment respectively and further the appellants 1 and 3 and another were convicted under S. 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and appellant 2 and another under section 147 Indian Penal Code to undergo rigorous imprisonment for one year with a direction that all the sentences imposed on each of the appellants are to run concurrently.
(2.) The appellant in Criminal Appeal No. 258 of 1979, namely, Pyare singh was separately tried and convicted under S. 304 Part II IPC and sentenced to undergo rigorous imprisonment for a period of 10 years, under S. 326 read with S. 149 Indian Penal Code to undergo rigorous imprisonment for 5 years and under S. 148 Indian Penal Code for two years' rigorous imprisonment by the Additional Sessions Judge, Gwalior.
(3.) Aggrieved by the judgment of the trial court the appellants in both the Criminal Appeal Nos. 258 of 1979 and 259 of 1979 preferred their respective appeals before the High court. It may be stated that criminal Revision No. 239 of 1973 was preferred by one Harnam Singhnot only for enhancing the sentence in respect of Pyare Singh for the offence under S. 304 Part II read with S. 149 IPC, but also against the acquittal of Pyare Singh under S. 302 IPC. The High court altered the conviction of all the appellants as one under Section 304 Part I Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life besides confirming the convictions and sentences for the other offences. Hence these two appeals.;