RAMU AND OTHERS Vs. STATE

JUDGEMENT

(1.) These six appellants have been convicted by the learned Sessions Judge of Deoria of offences under sections 323 and 302 both read with I Sec. 149 I.P.C. and each of them has been sentenced to nine month's rigorous imprisonment under the former charge and to imprisonment for life under the latter. All of them, except Brij Nath, have been further convicted under Sec. 147 I.P.C. and under Sec. 324 read with Sec. 149 I.P.C. and sentenced to one year's rigorous imprisonment under each count. Brij Nath has been convicted under Sec. 324 I.P.C. simpliciter and under Sec. 148 I.P.C. and sentenced to one year's rigorous imprisonment and two year's rigorous imprisonment respectively. The sentences of the appellants under the various counts have been directed to run concurrently.

(2.) Appellants Ramu and Ambika who are real brothers are nephews of Lorik. Appellants Brij Nath and Gatti are sons of appellant Lalai, a cousin of Lorik. All of them reside in village Chintamani Chak within the jurisdiction of police station Ramkola in the district of Deoria. Jangali (deceased), his uncle Dhanraj (P.W. 1) and Ram Chand, father of Dhanraj were neighbours.

(3.) The accusations against the appellants in short were that on Nov. 18, 1963 at about 4 p.m. all of them having armed themselves with lathis, except Brij Nath who had picked up a chopper (gandasi), formed an unlawful assembly and in prosecution of its common object committed the murder of Jangali and caused injuries to some of the prosecution witnesses.