LAKHAN SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the order dated 31st January. 1973 of Sri B. K. Sharma, Sessions Judge, Banda convicting appel­lants Lakhan Singh,gJai Karan Singh, Natthu, Rati Bhan and Vijai Karan Singh under section 307 read with Section 149 Indian Penal Code and sentencing each of them to three years' R. I. Appellants Natthu and Rati Bhan were further conyicted under Section 147 Indian Penal code and sentenced to one year's R. I. while Jai Karan, Vijai Karan and Lakhan Singh appel­lants were conyicted under section 148 I. P. C. and sentenced to two years' R. I. All the sentences were dirested to run concurrently.

(2.) APPELLANTS Lakhan Singh, Jai Karan Singh, Rati Bhan and Vijai Karan Singh aloug with the complainant Lakshmi Pd. (P. W. 1) are residents of village Jauhari, police station Kotwali in the city of Banda. Natthu appellant is the resident of Banda itself. Ali the appellants are Thakurs by caste. Vijai Karan Singh, Jai Karan Singh and Rati Bhan appellants are the uncles of Lakhaii Singh appellant and all these four persons live jointly in one and the same house. Appellant Natthu is said to be a friend of Lakhan Singh appel­lant. At the time of the incident Lakhan Singh was a student of Class X in Bajrang Vidyalaya Banda while Natthu was a student of Class XI in the same school. Lakshmi Pd. (P. W. 1) complainant was also a student of the same school at Banda.

(3.) THE prosecution story in brief was as follows :-