CHANDRA AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 7.5.1993 passed by II Additional Sessions Judge, Hamirpur in S.T. No. 97 of 1989, the five Appellants have preferred this appeal against their convictions Under Sections 302/149, I.P.C. and sentences of death thereunder to each one of them and some allied Sections of the I.P.C., for confirmation of the death sentences awarded to the five Appellants, the trial Judge has made the aforesaid reference. Both the matters were heard together.

(2.) Sri. Vishnu Saran Singh, learned Counsel for the Appellants have been heard at length In support of this appeal. Sri. S.P. Tewari, learned A.G.A. has espoused the cause of the State while Sri. G.S. Chaturvedi has been heard on behalf of the informant. The entire record has been perused.

(3.) The charge against the Appellants was that on 14.3.89 at about 6.30 p.m. they formed an unlawful assembly and collected in front of the filed of Chhedi Singh in village Neuria, P.S. Benwar, district Hamirpur. Chandra Appellant being armed with Ballam. Laxmi Narain with pharsa, Kamlesh with country made pistol, Dhani Ram with Ballam and Sri. Krishna with Pharsa and then committed the murder of Ghasita by causing injuries to him with the respective weapons and when Natthu tried to intervene he was also chased in the nearby field and beaten to death. Therefore, the Appellants were charged Under Section 302/149. I.P.C. and Section 148, I.P.C. also. Being satisfied with the evidence produced the learned trial Court has convicted and sentenced the Appellants Under Section 302/149. I.P.C. to death and Section 148, I.P.C. to three years rigorous imprisonment each.