GAYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgement and order dated 6th March, 1981, passed by the learned Vth Additional Sessions Judge, Allahabad in Sessions Trial No. 132 of 1979, convicting appellant Lal Bahadur under Sections 148, 302, 323 read with 149 and 324 I.P.C. and sentencing him to undergo R.I. for a period of two years under Section 148, imprisonment for life under Section 302 I.P.C., R.I. for a period of six months under Section 323 read with 149 I.P.C. and R.I. for a period of one year under Section 324 I.P.C., convicting appellant Hira Lal under Sections 148, 302/149, 323/149 and 324 I.P.C. and sentencing him to R.I. for a period of two years under Section 148 I.P.C., imprisonment for life under Section 302 read with Section 149 I.P.C., R.I. for a period of six month under Section 323 read with 149 I.P.C. and R.I. for a period of one year under Section 324 I.P.C. and convicting appellants Gaya Prasad, Sarjoo Prasad, Sukh Lal, Jagdeo Prasad and Dashrath under Sections 147, 302 read with 149, 323 and 324 read with 149 I.P.C. and sentencing them to one year R.I. under Section 147 I.P.C., imprisonment for life under Section 302 read with 149 I.P.C., R.I. for a period of one year under Section 324 read with 149 I.P.C. and R.I. for a period of six months under Section 323 I.P.C. All the substantive sentences of the above appellants were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, is as under: -

(3.) RAM Autar (P.W. 1) then prepared report of the occurrence (Ext. Ka -1) and lodged the same at P.S. Colonelganj at 7 p.m. Chik, F.I.R. (Ext. Ka -13) was prepared by Head Constable Badri Pratap Narain Singh (P.W. 9), who made an endorsement of the same at G.D. report (Ext. Ka -14) and registered a case against the appellants under Sections 147, 148, 329, 323, 324 and 304 I.P.C.