J.C.GUPTA,J. - (1.) THIS appeal arises out of judgment and order dated 20-3-1982 passed by the then Addl. Sessions Judge, Bijnor convicting and sentencing appellants under S. 302 read with S. 149, IPC to imprisonment for life. Appellants Ashwani Vashisht, Manoj Vashisht and Manoj Goel have further been convicted and sentenced to one year R.I. under S.148, IPC while appellants Nos. 4 and 5 have been convicted and sentenced to undergo six months R.I. each under S. 147, IPC. All the appellants have been further convicted and sentenced to undergo six months R.I. each under S. 323/149, IPC. All the sentences have been ordered to run concurrently.
(2.) RIVALRY amongst two groups of student of a college union led to an untoward incident on 25-4-1981 at about 10.35 a.m. within the precint of Sahu Jain Degree College, Najibabad which resulted in the death of a young boy Krishna Chand aged about 20 years. Briefly stated, the prosecution story is that previously Krishna Chand deceased and accused Ashwani Vashisht used to study in Murti Devi Intermediate College, Najibabad. Both of them contested election of the Commerce Union and Ashwani Vashisht came victorious. He celebrated his victory and started to tease and bemuse Krishna Chand who felt humiliated and took it offensive. Relations between Ashwani Vashisht and Krishna Chand became strained. After completing their intermediate course, they both took admission in Sahu Jain Degree College, Najibabad in B.Com Part I. Accused Manoj Vashisht was also studying in the same college in B.A. final while accused Sanjay Sharma, Naresh Chand Sharma and Manoj Goel were students of B.Com (final) in the same college.
(3.) IT is alleged that on 23-4-1982 at about 10.00 a.m. accused persons met Krishna Chand deceased in the college premises and said that he was unnecessarily posing himself as self - styled leader of the college. On this, some altercation took place between Krishna Chand and accused Ashwani Vashisht and both exchanged abuses. Accused Ashwani Vashist extended threat to Krishna Chand to see him in future.;