STATE OF UTTAR PRADESH Vs. JASHODHA NANDAN GUPTA

JUDGEMENT

(1.) This appeal by special leave is against the judgment, dated September 17, 1971, of the High Court of Judicature at Allahabad acquitting on appeal Jashodha Nandan Gupta, aged 18 years, Narain Prasad Gupta aged 17 years, Durga Prasad Dube aged 18 years, and Ram Samujh Singh aged 17 years, of charges under Sections 302/149, 148 and 147, Penal Code.

(2.) All the five accused- respondents were students of the Government Polytechnic, Gorakhpur. Accused Harish Chandra Dvivedi lived in Room No. 10 of Hostel No. 1, while the other accused resided in the adjacent Hostel No. 1. (sic). The students were running their own messes on co-operative basis. Vijai Narain Pandey, a student was the manager of the mess of which, among others, the deceased Kamta Prasad, Jashodha Nandan accused and one Narain Prasad Gupta were members. Every member had to make an advance deposit to cover his dues. The deposit of Narain Prasad Gupta had run out. On November 4, 1966, Vijai Narain Pandey orally told Narain Prasad Gupta that since he had not paid his mess dues, he would not be given food in the mess from the following day. Harish Chandra Dvivedi accused took up the cause of the defaulter. Accompanied by Narain Prasad Gupta he went to Pandey and demanded an explanation from Panedy as to why the meals of Narain Prasad Gupta had been stopped, Pandey showed him the account. Jasodha Nandan was not satisfied. Both of them went away holding out threats to Pandey.

(3.) On November 6, 1966, at about 5 p.m. Jashodha Nandan Gupta and Harish Chandra Dvivedi accused confronted Pandey in front of Hostel No. 1. Jashodha Nandan slapped Pandey. Shortly thereafter, on the move of Pandey, thirteen members of the mess assembled and passed a resolution which was scribed by Kamta Prasad deceased, expelling Jasoda Nandan Gupta accused and Narain Prasad Gupta from the mess.