JAGANNATH Vs. STATE

JUDGEMENT

(1.) THE appellants, namely. Jagannath, Sant Ram, Kedar. Somara, Aliyar. Dalsingar, Kalloo. Buruk, Bangur, Hiramani Lechan, Jhagara and Mangru, have preferred this appeal against the Judgment and order dated 28-16-1978 passed by Sri S. L. Tripathi, the then Special Addl. Sessions Judge, Mirzapur, convicting the appellants to undergo imprisonment for life under section 302/149 IPC. Appellants, Jagannath, Sant Ram, Kedar, Somaru Aliyar and Dalsingar have also bees convicted under section 148 IPC and sentenced to undergo two year's rigorous imprisonment. Farther the appellants, Kalloo, Buruk, Bangur, Hiramanl, Lochan, Jhagaru and Mangru have been convicted under section 147 IPC and sentenced to undergo one year rigorous imprisonment. AH the 13 appellants have also been convicted and sentenced to undergo two years rigorous imprisonment under sections 324/149 and 325/149 IPC and respectively and one year rigorous imprisonment under section 323/149 IPC. Ail the sentences were directed to run concurrently

(2.) THE prosecution case as disclosed. In the first information report, Ex. Ka 2, was that one Ram Naresh was lessee of plot no. 1972 area 10 Bighas, Anirudh was lessee of the same plot for another minjumla area of 10 Bighas and Punai was lessee of the same plot no. 1972 and another plot no 1973 in respect of minjumla area of 5 Bighas each situate in village Jungle Mohal by virtue of lease taken from Gram Pradhan, Kashinath Singh. It is alleged that all the three lessees were relations of Sankatha Singh (deceased). Sankatha Singh was alleged to be in possession of 30 Bighas land on behalf of those lessees. He used to cultivate the said land on their behalf According to the prosecution case there was a 'Maral' (thatch) belonging to Sankatha Singh on that land.

(3.) THE injured persons were taken to Chunar dispensary where they were medically examined by Dr. R. C. Katiyar, PW 14 between 5.45 P.M. to 7.30 P.M. on the next day i.e. 27-6-1974. Following injuries were found on the person of Sohan :