- (1.) Acchuta Singh, Kedar Singh and Jagarnath Singh have filed this appeal against their conviction and sentences awarded by the Judgment of the IVth Additional Sessions Judge, Ballia, dated 6-4-1979 in Sessions Trial No. A-95 of 1974 whereby Kedar Singh and Jagannath Singh were convicted under Section 147, 302/149, 365 and 201/149 IPC, sentenced to one near, life imprisonment, three years' rigorous Imprisonment and four years' rigorous imprisonment respectively, while Acchuta Singh was convicted under Section 147,302/149, 365/149 and 201/194 IPC and sentences to him were same as awarded to others.
(2.) It is an unfortunate case where the paucity of evidence is likely to secure acquittal for the appellants even though one might have enough suspicion that they have participated in the Incident. It may be mentioned here that along with these three appellants, 9 others namely Parmatma Singh, Siya Ram, Basawan Singh, Rama Shanker Singh, Te) Bahadur Singh, Nagina, Ras Bihari. Mohan Ahir and Harendra Singh were also tried but they have been acquitted by the trial judge on the ground that there was no evidence available against them.
(3.) We have beard Sri G.P. Dixit counsel for appellants and Shri Dudh Nath Yadav, A.G.A. for the State and entire record has been examined.;