Dharmadhikari, J. - (1.)The facts revealed in this case by the evidence produced for the prosecution should be taken as a reminder to the Legislative Bodies and Social Reformers that penal laws howsoever deterrent are inadequate to prevent crimes unless there is change brought about in the way of life, thinking and outlook of the members of the communities against each other in villages and cities of this country. Such a social change can be realised not only by making laws but imparting sound moral education and spiritual upliftment of the people.
(2.)This opening comment is prompted by the tragic facts of this case. A young newly married boy of only twenty two years of age, named, Ram Sudhar Singh was shot dead. The motive for the crime alleged against the accused persons is that they formed a faction in the village of influential Thakur community and were insisting that Jograj Singh (examined as a Court Witness) should give his daughter in marriage to a boy of the choice of the accused party. Against the wishes of the members of the accused party, Jograj Singh gave his daughter in marriage to deceased Ram Sudhar Singh. There were other factional rivalries between the members of the accused and the complainant party on past criminal incidents as well as election contest which have been highlighted by the accused in their separate defence plea recorded at the end of the trial under Section 313 of the Code of Criminal Procedure.
(3.)The trial Judge, i.e., First Additional Sessions Judge, Shahajhanpur, by his judgment dated 9-2-1979 and order of sentence dated 14-2-1979 convicted five accused who are respondents in this appeal before us and sentenced them to life imprisonment for offence under Section 302 read with Section 148, I. P. C. and imprisonment for two years for offence under Section 148, I. P. C. The other ten co-accused were acquitted.