It was only by way of challenging the companyviction and sentence, the respondent preferred his Jail Appeal No.
The respondent Vad Narain and 8 others were charged on the allegation that on 24th March 1978 at about 9 10 P.M. in the village called Saurmau P. S. Kotwali in Sultanpur formed themselves into an un lawful assembly and in prosecution of the companymon object the said unlawful assembly the respondent, Vad Narain, companymitted the murder of Narender Pratap Singh, the de ceased herein, by stabbing with a knife and they also caused the evidence of the companymission of that offence of murder to disappear with the intention of screening the offenders from legal punishment by throwing the body in a canal.
However, the Trial companyrt found the other 8 accused number guilty of the offence and acquitted them.
Ratnavel Pandian, J. The State of U.P. on being dissatisfied with the judgment of the High Court of Allahabad rendered in Criminal Appeals Nos.
7 of 1979 for the companyfirmation of the death sentence under Section 366 of the CrPC has been rejected by the High Court.
253 and 256 of 1979, setting aside the companyviction of the appellant under Section 302 read with Section 34, I.P.C. and the sentence of death imposed by the Trial Court, has preferred this appeal.
On the above allegations the respondent and 8 others were tried for offences punishable under Sections 147, 148, 302 read with Section 149, I.P.C. and under Section 201, I.P.C. The Trial Court companyvicted the respondent alone under Section 302, I.P.C. read with Section 34, I.P.C. and Section 201 and sentenced the respondent to the extreme penalty of law, namely, the death and also under Section 201, I.P.C. to four years rigorous imprisonment respectively with the direction that the sentence of four years rigorous imprisonment should merge with the sentence of death.
253/79 and another appeal No.
256/79 through his companynsel and the reference was made as above mentioned by the Trial Court.
