- (1.) Eighteen persons were tried by the Additional Sessions Judge, Agra, for various offences arising out of the murders of five persons: Gajraj Singh, Bhairon Singh, Budh Singh, Pancham Singh and Amar Singh. The learned Judge acquitted eight persons and convicted the remaining ten. Nine out of these ten were convicted under Sections 302 and 201 read with Section 149 of the Penal Code. Seven out of these nine were sentenced to death and the remaining two to imprisonment for life. The tenth to be convicted was held guilty under Section 201 read with Section 149 and was sentenced to imprisonment for seven years.
(2.) In appeals filed by the accused the High Court of Allahabad substantially modified the judgment of the trial court. It convicted only one accused, Dev Chand, under Section 302 and upheld the sentence of death imposed on him by the trial court. It also upheld his conviction and sentence under Section 201 read with Section 149. The conviction and sentence of eight of the accused under Section 302 read with Section 149 was set aside by the High Court. It, however, upheld the conviction and sentence of five out of those under Section 201 read with Section 149.
(3.) These appeals by special leave are filed by the State of Uttar Pradesh against the judgment of the High Court acquitting eight out of the nine accused who were convicted by the trial court under Section 302 read with Section 149. Thus, the main questions to be considered in this appeal are whether the respondents were members of an unlawful assembly, whether the common object of that assembly was to commit the murder of the five persons and whether the respondents or any of them can be held vicariously liable for those murders.;