JAWAHAR Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. Five accused Jawahar, Chhakauri Nankhoo, Ram Nath and Ram Chandra have filed this appeal against the judgment and order dated 7-8-1981 passed by Sri D. C. Srivastava, the then Additional Sessions Judge, Gyanpur, Varanasi whereby he convicted Jawahar under Sections 148, 302 and 323/149 IPC and sentenced him to suffer rigorous imprisonment for a period of one and half years, imprisonment for life and six months rigorous imprisonment respectively thereunder. The remaining four accused were convicted under Sections 147, 323 and 302/149 I P. C. and were sentenced to undergo rigorous imprisonment for a period of one year, six months and imprisonment for life respectively. All the sentences of five accused were directed to run concurrently.

(2.) THE relevant facts of the case leading to the trial of the appellants are as under:

(3.) NEXT day i. e on 27-3-1979. Nannkhoo was coming towards house of Lalmani. He lodged protest regarding behaviour with his wife and slapped him twice. Nankhoo returned home and Lalmani went for weaving of carpet. This incident caused annoyance to Nankhoo, Jawahar and other members of his family.