Shri Krishan and Others vs State of Uttar Pradesh

The first additional sessions judge, Shahjahanpur convicted appellants herein and five others for offences punishable u/s 302 read with Section 149 IPC and imposed a sentence of life imprisonment. He also convicted the appellants u/s 148 IPC and sentenced them to undergo R.I. for one year.

On appeal, the High Court of judicature at Allahabad while convicting one of the accused, namely, A - 7 before the trial court guilty of offence punishable u/s 302, acquitted these accused of the said offence but found them guilty of offence punishable u/s 326 read with Section 149 IPC and sentenced them to undergo R.I. for six years and confirmed the sentence imposed on these appellants u/s 148 IPC by the sessions court.

During 'the pendency of the appeal before the High Court, three appellants therein, namely, A -1, A - 5 and A - 8 died, hence, their appeal stood abated.

The appeal filed by A - 7 before this Court came to be dismissed by this Court and his conviction and sentence u/s 302 IPC stood confirmed.

We have heard learned counsel for the parties and perused the record. We do not find any ground to interfere with the conviction imposed by the High Court on these appellants u/s 326 read with Sections 148 and 149 IPC. Since, we agree with the courts below that the presence of these accused and their participation in the incident has been established by the evidence of the prosecution, hence, we confirm the conviction of these appellants as imposed by the High Court.

However, taking note of the fact that the participation of these appellants is minimal in the incident in question and also taking into consideration the age of the appellants, we are of the considered opinion that the sentence of six years imposed on the appellants should be reduced to two years R.I.

In the said view of the matter, we allow this appeal partly. While upholding the conviction of the appellants u/s 326 read with Section 149 as also u/s 148 IPC, we reduce the sentence to a period of two years R.I. for offence u/s 326 read with Section 149 and one year R. I. for offence u/s 148 and direct that the sentence shall run concurrently.

With the above modification, the appeal stands disposed of and the appellants shall be entitled to remission of the sentence already undergone.

If the appellants have not served the sentence as imposed by us hereinabove, they shall surrender to the bail and serve remaining sentence.

The appeal is partly allowed.