GHUNNU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by the five appellants is by special leave against the judgment of the High Court of Allahabad against their conviction and sentences imposed on them.

(2.) Before the trial Court, the five appellants and five others were tried for offences under Section 147, 148, 302, 307 and 324, I.P.C. read with S. 149, I.P.C. All of them were convicted under Sections 302, 307, 324, I.P.C. read with S.149. I.P.C. and were sentenced to imprisonment for life under S.302 and for seven years' R.I. under S.307 and two years' R.I. for offence u/s. 324, I.P.C. On appeal by the appellants, the High Court of Allahabad set aside the conviction and sentences imposed on five of the accused and confirmed the convictions and sentences imposed on the appellants by the trial Court for the various offences.

(3.) The appellants are Pasis by caste, and are residents of village Sinhar Kalan within the jurisdiction of Kotwali Dehat Police Station in the district of Mirzapur. The deceased and other injured prosecution witnesses are residents of the village of Rajdhar Ka Purwa and are Brahmans by caste. It is common ground that there was a long standing enmity between the Brahmans and the Pasis. Four days prior to the occurrence on 2-8-1970, there was a scuffle between the two groups in which the appellants, Ghunnu, Lachhman and five others received injuries while on the side of the prosecution. Lalta Prasad, deceased, and three others received injuries. The parties preferred complaints and two cases were registered and were under investigation on the date of the occurrence on 6-8-1970.