(1.) It is a case in which hair raising gruesome crime was executed in a most dastardly and horrendous manner. As many as nine persons lost their lives on account of homicidal act and seven persons (four from the side of the prosecution and three on the side of defence ) received injuries from the formidable weapons of assault.
(2.) The incident had taken place on 19/06/1973 at about 10 a.m. in Village Dangipur Tola Bharpur of district Gorakhpur. In all 53 persons were prosecuted for the offence punishable under Sections 147, 148, 302, 307, 324, 201 with the aid of Sections 149 and 395, I.P.C. Out of them two died during the trial. surviving 51 accused persons were put up for trial. 25 accused persons who are covered by appeal Nos. 996 of 1976 and 1228 of 1997 have been convicted on various counts and sentenced to varying prison terms. The remaining 26 accused have been acquitted. Against the order of acquittal the State has preferred an Appeal No. 1874 of 1976. Out of the convicted accused appellants Suraj Bali son of Nabalak and Ram Kishun son of Baldeo died during the pendency of these appeals. Therefore, there are only 23 surviving convicted appellants.
(3.) Some of the accused persons at the time of the incident were armed with firearms, Pharsas and spears. They are alleged to have resorted to indiscriminate use of their respective weapons.