Supreme Court has dismissed the SLP of other accused but agreed to hear the case of one accused because he is old aged person.
A bench of Justice Shantanagoudar and Justice Khanna has passed the order in the case titled as HEERA SINGH & Ors vs THE STATE OF UTTAR PRADESH on 23.08.2019.
Supreme Court noted and directed "Petitioner No.1, Hira Singh, is stated to be 94 years of age as of now. To consider his case, issue notice. So far as the other petitioners are concerned, the special leave petition stands dismissed. Petitioner No.1, Hira Singh, shall surrender before the trial court within four weeks from today. On such surrender, he shall be released on bail on the same very day subject to the conditions to be imposed by the trial Court".
Be it noted that the case pertains to murder trial in which accused persons were convicted and sentenced in the year 1987 in the following manner:
Dharam Pal to undergo 2 years rigorous imprisonment under section 148 IPC, 6 month R.I. under Section 323 read with Section 149 and life imprisonment under Sections 302 read with Section 149, IPC. The appellant Mohar Pal, Suraj Pal, Sheodan and Heera were convicted and sentenced to undergo one and half year rigorous imprisonment under Section 147 IPC. They were further sentenced to undergo 6 months' rigorous imprisonment under Section 323 read with Section 149 IPC. They were further sentenced to undergo life imprisonment under Section 302 IPC read with Section 149 IPC.
The Allahabad High Court was able to dispose the appeal in the last month of the year 2018 i.e. after taking 30 years.
It had observed "We have also carefully gone through the impugned judgment and order of conviction passed by learned trial Judge. We are of the view that the prosecution has established its case beyond doubt against the accused appellants. We find no substance in the submissions made by learned counsel for the appellants. There is no infirmity in the impugned judgment and order".
Read the SC Order here:
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