DHAN PAL Vs. STATE OF U P

JUDGEMENT

(1.) THE 9 appellants before us and three other persons, namely, Shamim, son of Niaz Ali, Irfan, son of Rehman and Sukhpal son. of Kehar Singh were put up on trial before the Sessions Judge for facing charges under sections 302/149, 307/149 and 452 of the Indian Penal Code. THE last three persons have been acquitted while the remaining have been convicted. Hence this appeal.

(2.) THERE were cross first information reports. The occurrence took place in village Lohiya at a distance of about 5 kilometres from the police station Daurala in the district of Meerut. The date of occurrence is 30th August, 1978. According to one version the occurrence took place at 6.15 p.m. while according to the other it took place at 6.00 p.m. The parties are Gujars and are. therefore, members of the same community. Their houses are situated at a distance of 250 paces from each other.

(3.) RAJENDRA Singh died in the hospital. An inquest report was prepared on 31st August, 1978. The post-mortem was conducted on the bodies of the deceased, namely, Balbir Singh and RAJENDRA Singh. The injuries of the injured persons on both the sides were medically examined.