BARKAUNOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) As both these appeals arise out of a common judgment dated 10-9-79 passed by the then VII Additional Sessions Judge, Hardoi, they are being disposed of together by this judgment.

(2.) Appellants Barikhunoo, Mahendra and Dayaloo alias Daya Shankar have been convicted and sentenced to undergo R.I.for two years under Section 148 I.P.C.and to Imprisonment for Life under Section 302/149 I.P.C., while Piyarey lal and Ram Narain have been convicted and sentenced to undergo R.I.for one year under Section 147 I.P.C and to Imprisonment for Life under Section 302/149 I.P.C.All the sentences of each appellant have been ordered to run concurrently.

(3.) The prosecution story, in brief, is that in village Sandila situate within the area of police station and Tandiyawan, District Hardoi, there were two rival groups. One was headed by appellant Piyarey lal and the other by one Ram Shankar. Cross Cases under Sections 107/117 Cr. P.C.were pending between these parties. Deceased Subedar was also a resident of the same village. According to the prosecution case deceased Subedar was doing pairvi for Ram Shankar and others in the aforesaid proceedings, on account of which Piyarey Lal and others bore enmity against him.