(1.) THIS appeal was filed by as many as 44 appellants. All the appellants were convicted and sentenced under Section 323/1491.P.C. for one year's R.I. and to life imprisonment under Sec tion 302/1491.P.C. Appellants Meharban, Babu, Bahadur, Nathu, Girdhari Lai, Bhaigarth, Gopi, Dayaram, Vijay, Darbari Singh, Ratan s/o Kaddey and Ratan s/o Khet Singh were also convicted under Sec tion 148 I.P.C. and sentenced to three year's R.I. All of them were also convicted under Section 302/149 I.P.C. and sen tenced to life imprisonment.
(2.) APPELLANTS Komal, Anand Kumar, Guman, Kanhai, Sukh Singh, Panchu, Dasrath, Ghittar, Uttam, Bhagwant, Kishore, Kashiram, Jhallu, Ashok, Gul -zari, Lotan, Caniya, Sura, Dhowan, Malkhan, Ratan s/o Malkhan, Keshav, Kashiram, Mohan Singh, Hamira, Hathi, Dhan Singh, Ghasi, Dhan Prasad, Kapoor Chand, Man Singh, Ratan s/o Imrat and Jawahar were also convicted under Sec tion 147 I.P.C. and sentenced to one year's R.I. All the sentences of the appellants are to run concurrently.
(3.) THE prosecution case as available from the evidence is that on 4 -5 -76 the two deceased Umrao and Juggey, residents of Babhauri after taking their break fast had gone to Madawara market. At about 12.00 or 12.30 p.m. they came back from there by a bus. In their Khalihan underneath a neem tree they were sitting. Gajraj PW -4, Gulab Rani PW -2 (wife of Umrao) and Kirat were also present in the vicinity. Kirat thereafter had taken his cattle to the village pond. Smt. Gulab Rani and her son Gajraj went to drink water in the hutment of Gore Lai. When she was drinking water, Umrao's daughter Phulbai came there and informed her mother (Gulab Rani) that a large number of persons had collected in the baithak (a big room to be used as an assembly hall) of Modely. They are hold ing guns, lathis, axes and ballam etc. They were saying .that Umrao and Juggey had come, let us kill them. Hearing this, Gajraj and Smt. Gulab Rani came out of the Madai. They saw these persons coming towards them from three sides. Ratan resi dent of Ratanpur was standing with gun on the road leading to the school another Ratan stood on the road leading to Chittar and blocked the passage. Ratan Modely was exhorting other accused. Both the men were standing with guns, to assault if any of their family or others come forward to rescue the two deceased. In all 44 accused persons came there.