GAITAL Vs. STATE

JUDGEMENT

(1.) Gaital, Ram Sajivan, and Smt. Dabri were convicted under Sections 302/149, 148, 452/149, I.P.C. and they were sentenced to undergo life imprisonment, two years R. I. and four years R. I. respectively under the aforesaid sections of the Penal Code by Sri H. C. Lal, 111 Additional Sessions Judge, Allahabad by his judgment and order dated 4-8-1978. Along with the appellants, Smt. Phool Kali and Suraj Pal were also tried but they were acquitted by the trial Court.

(2.) In the instant appeal, one Panna Lal had been done to death and the appellant Gaital was said to have been armed with axe, Ram Sajivan with pistol and Smt. Dabri with Bugda. Smt. Phool Kali who has been acquitted by the trial Court, was alleged to be bare handed and Suraj Pal was one of the three unknown assailants who were alleged to have been equipped with gun, Sabbal and Farsa.

(3.) The allegations of the prosecution are that deceased Panna Lal was facing trial for the murder of Ram Khilawan and Harish Chandra deceased who had been done to death few months prior to the occurrence within the circle of police Station Dhumanganj and on the date of occurrence the deceased Panna Lal was on bail in that case.