STATE OF U P Vs. MAHAVIR SINGH

JUDGEMENT

(1.) The present death reference alongwith three connected criminal appeals arise out of judgment dated 10.5.2007, passed by Fast Track Court-I, Hathras in Sessions Trial No. 977 of 1997, by which the two respondents and the appellants in the three connected appeals, were held guilty of committing offences under Sections 147, 148, 302/149, 323/149 and 307/149, I.P.C. While appellants Mahavir Singh and Jai Pal Singh were directed to be hanged by their necks till they were dead for their conviction under Section 302/149, I.P.C., they were also directed to suffer rigorous imprisonment for 2 years, 3 years, 1 year and 10 years, respectively for committing offences under Sections 147/148, 323/149 and 307/149, I.P.C respectively. The two appellants were also directed to pay fine of Rs. 5.000 each for their conviction under Section 307/149, I.P.C. The reference was made by the learned trial Judge for confirming the sentence of death under Section 366, Cr.P.C. and the same set of convicts, preferred their own appeal as may appear from Crl. Appeal No. 3447 of 2007. The solitary appellant of Crl. Appeal No. 3449 of 2007, namely, Lakhan Singh was also found guilty and convicted under Sections 147, 148, 323/149, 307/149 and 302/149, I.P.C and was directed to suffer rigorous imprisonment for 2 years, 3 years, I year, 10 years and for life respectively for his conviction under the above respective counts. Appellant-Lakhan Singh was also directed to pay a sum of Rs. 25,000 as fine and in default of the same, was directed to suffer rigorous imprisonment for 25 months. As regards the six appellants of Crl. Appeal No. 3450 of 2007, they were also convicted and sentenced equally, as was the order in respect of appellant-Lakhan Singh.

(2.) We have heard the death reference and three connected appeals together and are disposing them of by this common judgment.

(3.) Initially, there were ten accused persons named in the F.I.R., out of whom, three were described as 'Bhanjes' (sister's son) of appellant-Jai Pal Singh, out of whom, accused Jitendra @ Hitendra was adjudged juvenile and his case was sent for inquiry under the provisions of Juvenile Justice Act, leaving nine accused persons on trial.