- (1.)This appeal has been preferred against the impugned judgment and order dated 24.5.2007 of the High Court of Judicature at Allahabad in Criminal Appeal No. 2681 of 1982, by which the High Court has affirmed the judgment and order passed by the IInd Additional Sessions Judge, Budaun dated 12.10.1980 in S.T. No. 540 of 1980, wherein the trial court had convicted the appellants alongwith other accused Jaganant Singh, Sahaab Singh and Meharban Singh under Sections 148, 323, 149, 324/149 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and also under Sections 320/149 IPC. All the accused were sentenced to undergo RI for one year under Section 148 IPC and were further convicted for six months RI under Sections 324/149 IPC and for another six months RI under Sections 323/149 IPC and all of them were also stood convicted under Sections 302/149 for imprisonment for life.
(2.)The High Court has converted the aforesaid conviction and also acquitted all of them for the offence punishable under Sections 302/149 IPC. Kunwar Pal Singh and Sahaab Singh have been sentenced for ten years RI under Section 304-I IPC and the other remaining convicts were held guilty under Sections 148, 323, 324/149 IPC and reduced their sentences.
(3.)So far as the present appeal is concerned, it relates only to two appellants i.e. Sompal Singh and Kunwar Pal Singh. Sompal Singh is reported to have served out the sentence of 1-1/2 years awarded to him and in view of the statement made by Shri Ratnakar Desh, learned senior counsel appearing on behalf of the appellants, his appeal is dismissed as having become infructuous. So, we have to consider the case of remaining sole appellant Kunwar Pal Singh, the second appellant who has been convicted under Section 304-I IPC and sentenced to 10 years RI.