LALJI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is from the judgment of the High Court of judicature at Allahabad in Criminal Appeal No. 680 of 1976 dismissing the appeal of the four instant appellants namely, Lalji Mansa, Milkhi and Bhagwati, and upholding their conviction and sentence of life imprisonment under Ss. 302/149 and also the conviction of Milkhi with sentence of two years R. 1. under S. 148, I. P.C. and of the other three appellants under S. 147, I.P.C. with sentence of one year R.I.

(2.) The facts are simple. On 24-6-1975 at noon Manju, son of Girdhari Lal, man-handled Chhotey Lal and Mansa, nephews of Minister Lal, after they gave him (Manju) a push. The prosecution. version was that Minister Lal with a cane in hand, Chhotey Lal with a Kanta, Milkhi and Chainu with spears and others with lathis arrived near Girdhari Lals house and after an altercation started assaulting Girdhari and Siddhu. The alarm attracted Ram Avtar and Manju who came there. The appellant party started assaulting them also whereupon they retreated to their house but were followed by Minister Lal, Lalji and others of the party. Girdhari Lal and Siddhu died in consequence of the assault. Ram Avtar picked up the loaded gun of his father Girdhari and fired a shot at Minister Lal who fell down dead and by another shot he injured Lalji.

(3.) The defence version was that Girdhari Lal summoned Minister Lal to his house and the accused persons came with or after Minister Lal. This resulted in a cross case on Lalji's F.I.R. (Ex. Ka-19). It has admittedly resulted in acquittal.