SHAILESH KUMAR Vs. STATE,

JUDGEMENT

(1.) THESE are two connected appeals arising out of an order dated 22nd January, 1966, passed by the learned Sessions Judge, Gorakhpur, convicting all the nineteen appellants of the two connected appeals for the double murder of Somti and Bhaddu, for making an attempt to cause the deaths of four persons, namely, Prashad, Sm. Katwari, Swaminatha and Sant Kumar, and for rioting. Shailesh Kumar alias Moti Lal, who was armed with a gun and was responsible for causing the deaths of Somti and Bhaddu, was convicted under Section 302, Penal Code, and sentenced to death. The remaining eighteen appellants were convicted under Section 302 read with Section 149, Penal Code for those offences and sentenced to imprisonment for life. All the nineteen appellants were convicted under Section 307 read with Section 149, Penal Code, and each sentenced to seven years' rigorous imprisonment. For the offence of rioting the appellants in Criminal Appeal No. 193 of 1966, being armed with deadly weapons such as gun and spears, were sentenced to two years' rigorous imprisonment each under Section 148, Penal Code, while the nine appellants in Criminal Appeal No. 164 of 1966, being armed with lathis only, were convicted under Section 147, Penal Code and each sentenced to one and a half year's rigorous imprisonment. The sentences were ordered to run concurrently.

(2.) THERE is also before us the usual reference by the learned Sessions Judge for confirmation of the death sentence passed on Shailesh Kumar alias Moti Lal (appellant).

(3.) THE two persons who lost their lives and also those who received injuries belonged to one and the same family, as will appear from the following : -