CHHOTKANNE Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the seven appellants against the judgment of conviction and sentence dated 5-7-1980, passed by Sri J. S. Singhal, IVth Addl. Sessions Judge, Sitapur, convicting and sentencing the ap pellants to imprisonment for life under Sections 302/149, I. P. C. and to undergo eighteen months' R. I. under Section 148, I. PC, both the sentence were ordered to run concurrently.

(2.) THIS is a double murder case. One Khusal Pasi and his wife Smt. Phulbasa are alleged to have been murdered by the ap pellants. Admittedly, appellants No. 1 to 5 are closely related to the deceased Khusal, being his nephews and nephew's son. Thus, they were undisputedly the mem bers of the same family. Appellant No. 6 Lawa is the father-in-law of appellant Chhotkanne and appellant No. 7 Ramley is the son of accused-appellant No. 6. Thus, these two appellants are also related to the deceased.

(3.) AFTER completing the investigation in the case the Investigating Officer Syed Ajlal Hussain (P. W. 8) filed the charge-sheet in the court of the concerned Magistrate wherefrom the case was com mitted to the Court of Sessions. Charges for the offences under Sections 148 and 302 read with Section 149, I. P. C. were framed by the learned Addl. Sessions Judge against all the seven accused-appel lants. Charges were read over and ex plained to them in Hindi; they pleaded not guilty and claimed to be tried. In their statements under Section 313, Cr. P. C. the accused-appellants have denied their com plicity with the crime in question; their version is that they had been falsely implicated due to enmity. However; they did not examine any witness in their defence.