PEARE Vs. STATE

JUDGEMENT

(1.) This is an appeal by Pyarey (28), Sudama (25), Kandhai (26), Mindai Lal (21), Gendan Lal (35), Hori Lal (30) and Sibba (18), who have been convicted by the learned Additional Sessions Judge of Shahjahanpur under Section 307, I.P.C., and sentenced to 4 years' R.I. each. They have also been convicted of rioting, but as Sibba is said to have been armed with a lathi he has been sentenced to 1 year's R.I. under Section 147, I.P.C., while the others, who are alleged to have been armed with Kantas and Ballams, have been sentenced to 2 years' R.I. each under Section 148, I.P.C. The sentences have been directed to run concurrently.

(2.) The first five appellants belong to the village of : occurrence, Saidpur, while Hori Lal belongs to Nagaria and Sibba to Bhauna, all within police station Katra. Five others, lour belonging to Nagaria and one to Bhauna, who were tried along with the appellants were acquitted.

(3.) The learned Sessions Judge has made no mention of Section 149, I.P.C. in his finding but the conviction under Section 307, I.P.C., appears to be with the help of that section since it was mentioned in the charge, and has also been held by the learned Judge, that the appellants organised a raid with the common object of committing the murder of Ram Lal.