KRISHNA AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) On 6.12.75 at 4 p.m. in village Dhudhui, P.S. Kamasln, district Banda, accused Shri Krishna, Ram Prasad Nai, Guisher. Keshav, Noor Musalman and Ram Prasad Dhobl along with another person formed an unlawful assembly, the common object whereof was to cause death of Ram Raj, son of Gajadhar, Chhote Lal, Ram Charan and Lallan Singh etc. Further, on the same date, time and place they, being members of the above said unlawful assembly and in furtherance of the above said common object of the said assembly, they used formidable weapons like double barrel and single barrel guns, country made pistols and rifles, and secondly, that on the above date, time and place they, in furtherance of the above said common object of the above said assembly, fired shots with guns, rifles and country made pistols thereby causing such grievous hurt to Ram Raj, Chhote Lal and Ram Charan, as a result whereof all three of them died at the spot. On the above accusation those accused persons were arrested, charged and tried Under Sections 147/148/302 read with Section 149, I.P.C. by the IInd Additional Sessions Judge, Banda.

(2.) In order to prove its case the prosecution had examined Lalla Singh, the complainant. P.W. 1. Daljeet Singh, P.W. 2, Raj Narain, P.W. 3, Girish Chandra Misra, S.H.O., P.W. 4. Constable Munne Khan who had taken the dead bodies for post-mortem examination, as P.W. 5 and Dr. K.L. Pillay, who conducted the postmortem examination on the three dead bodies, as P.W. 6. The report of Chemical Examiner with regard to blood stained clothes was exhibited on record as Ext. Ka-25. After the close of prosecution evidences the statements of the accused Under Section 313, Code of Criminal Procedure were recorded. They pleaded Innocence. When called upon to lead evidence in defence, they chose to lead none.

(3.) The learned trial court believing the prosecution evidence found all the six accused persons guilty Under Sections 147/148/302 read with Section 149, I.P.C. and convicted them accordingly. He sentenced each one of them to undergo life imprisonment under Section 302 read with Section 149, I.P.C. and two years' R.I. Under Section 148, I.P.C. vide his order of sentence of the same date.