JUDGEMENT
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(1.) Eight accused, namely, (1) Fateh Singh, (2) Ram
Chander, (3) Brahma, (4) Satvir, (5) Ram Saran, (6) Harbir,
(7) Pratap and (8) Genda were tried by learned VI Additional
District & Sessions Judge, Meerut, in Sessions Trial No. 70
of 1978 for committing the murder of Hari Dutt Singh.
(2.) By judgment and order dated 05.12.1979, the learned
trial judge convicted all the accused under Section 302 read
with Section 149 of the Indian Penal Code (for short "IPC")
and sentenced each to imprisonment for life. The accused -
Ram Saran, Satvir and Harbir have been further convicted
under Section 148 IPC and each sentenced to two years
rigorous imprisonment, whereas Fateh Singh, Genda,
Pratap, Brahma and Ram Chander have been convicted
under Section 147 IPC and sentenced to one year rigorous
imprisonment. All the sentences were, however, ordered to
run concurrently.
(3.) The accused persons filed joint appeal in the High
Court of Judicature at Allahabad. The High Court by final
judgment and order dated 25.02.2003 modified the
judgment of the trial court. It converted the conviction of
accused Satvir, Ram Saran and Harbir to Section 302 IPC
read with Section 34 IPC and sentenced them to undergo
life imprisonment. It, however, acquitted Ram Chander,
Brahma, Pratap and Genda. Fateh Singh accused, during
the pendency of the appeal before the High Court, had died;
therefore his appeal stood abated.;
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