- (1.) These appeals by special leave are directed against the judgment and sentences passed by the Allahabad High court dated 11/02/1982 and confirming those of the Third Sessions Judge, Pilibhit dated 28/06/1974 and convicting the appellants for having committed offences punishable under S. 148, S. 302 read with Section 149 and S. 323 read with S. 149 of the Indian Penal Code, 1860. They have been sentenced to undergo rigorous imprisonment for two years on the first count, to imprisonment for life on the second and to rigorous imprisonment for one year on the third count. All the sentences are to run concurrently.
(2.) We have with the able assistance of Shri U. R. Lalit and shri R. D. Kohli and Shri Ranjit Kumar appearing for different sets of appellants, gone through the judgment of the High court as well as that of the learned Sessions Judge and find no justification for interference. The conviction of the appellants rests on the direct testimony of the two eye witnesses Public Witness 1 and Public Witness 2 Sripal Singh and krishanpal. Learned counsel for the appellants with their usual care have minutely tried to dissect the testimony of the two eye witnesses in trying to bring out certain inconsistencies between their evidence in court and their statements recorded in the committal court as well as the medical evidence. In our opinion, these so-called discrepancies are too trivial in nature to be taken notice of. Both Public Witness 1 and Public Witness 2 are natural witnesses and their testimony has been accepted as reliable and true by the learned Sessions Judge and the High court. These witnesses were closely cross-examined but nothing has been brought out to impeach their credibility as truthful witnesses. The High court and the learned Sessions Judge have carefully marshaled the entire evidence and have given cogent reasons for acting upon the testimony of Public Witness 1 and Public Witness 2 while holding the appellants guilty of commission of the offences with which they were charged. There is no reason for us to come to a different conclusion.
(3.) The appeals are accordingly dismissed. The appellants are on bail, their bail bonds stand cancelled and they be taken into custody forthwith to serve out the sentences.;