SUKHDEO Vs. STATE

JUDGEMENT

(1.) THIS is an appeal directed against an order dated 2nd July, 1964, passed by the learned Additional Sessions Judge, Varanasi convicting all the five appellants for offences of rioting, culpable homicide not amounting to murder and causing simple hurt and sentencing each of the appellants to imprisonment for life under Section 304/149 I. P. C. to two year's rigorous imprisonment under Section 147 I. P. C. and to one year's rigorous imprisonment under Section 323 or 323/149 I. P. C. , the sentences to run concurrently.

(2.) BAIJU had received as many as 24 injuries. He must have been beaten by several persons. The prosecution evidence is that all the five appellants had taken part in beating Baiju with lathis, and that Sukhdeo and Ram Krit only had beaten Sita Ram with lathis. The participation of all the five appellants in causing lathi injuries to Baiju appears to be quite probable.

(3.) THE only point that remains to be considered is whether the case against the appellants, so far as the offence against Baiju (deceased) is concerned, should fall under Section 304, Part I, or under Section 304, Part II or under Section 323, read with Section 149 I. P. C. Section 299 I. P. C. provides as follows:--