SUNDER Vs. STATE

JUDGEMENT

(1.) This is an appeal by five persons: Sundar aged 30, Pachchu aged 70 or 75 (65 according to the Sessions Judge), Radhurai aged 30, Sukhlal aged 40 or 45 and Gajraj aged 20 or 21 (25 according to the Sessions JudgeJ. The learned Sessions Judge of Fatehpur has convicted all of them under Section 302, read with Section 149 or alternatively, with section 34, I. P, C., and sentenced Sundar and Pachchu to death and each of the remaining three to imprisonment for life. He has passed a separate sentence of imprisonment for life on Raghurai under Section 302, read with Section 114, I. P. C. He has also convicted all of them of rioting and sentenced Sundar and Pachchu to 2 years' R.I. each under Section 148, I. P. C., and Raghurai, Sukhlal and Gajraj to 18 months R.I. each under Section 147, I. P. C. The learned Sessions Judge has said nothing as to whether the sentences of those not awarded capital punishment were to run concurrently or consecutively. The record is also before us for confirmation of the sentences of death passed on Sundar and Pachchu.

(2.) Sundar belongs to Semra, Pachchu and Raghurai to Dehuli, Sukhlal to Sachauli and Gajraj to Kamalipur, all within police station Thariaon in the district of Fatehpur. Two others tried along with the appellants, Manni Lal of Kamalipur and Indrapal of Dehuli, were given the benefit of doubt and acquitted.

(3.) The man done to death in this case was Ram Autar, aged about 35 years according to the doctor who performed the post-mortem on his dead body. He belonged to Dehuli but was employed as Head Master of the Municipal Basic Primary School of Fatehpur. In going to Dehuli from Fatehpur one has to go 10 miles east by the grand trunk road and then, leaving the road at a culvert at the 10th mile, one mile due north. The villages to which the appellants belong are situate within the same police station as, and at short distances from, Dehuli.