P.N.Goel, J. - (1.) Parvesh, a young lad of 16 years, has been convicted and sentenced under Section 302 I.P.C. simpliciter to undergo imprisonment for life. Raj, a young lad of 18 years, has been convicted and sentenced under Section 302/34, I.P.C, to suffer imprisonment for life. Niranjan, a young lad of 18 years, has been convicted and sentenced under Section 323, I.P.C., to undergo R. I. for one year. These three appellants are residents of Brahmapuri in the city of Meerut. This locality is within the limits of police station Delhi Gate. The police station is about 6 furlongs from Brahmapuri.
(2.) The occurrence took place on 27-4-1974 at about 8 p. m. in Brahmapuri. In this occurrence Jugal Kishore a young lad of 18 years, was assaulted. On account of the injuries sustained he died.
(3.) Jugal Kishore was son of Ram Swarup, who had died some years before the occurrence. Jugal Kishore along with his step-mother Smt. Kunti and sisters Mala, aged about 16 years and Madhu, aged about 12 years, used to live in Brahmapuri, the locality of the appellants. His sister's husband Prem Chand (P. W. 1) also used to live in this locality, quite close to the house of Jugal Kishore. One day before the occurrence at about 10 A. M. Parvesh and Raj teased Mala when she was outside her house burning a furnace. In the evening at about 7 p. m. she spoke of the incident to her brother Jugal Kishore, when he returned to the house after having performed his duties at Punjab Shoe Store, within half an hour of her making complaint to Jugal Kishore, Parvesh and Raj passed in front of the house of Jugal Kishore. At that time Jugal Kishore told them that it was not proper on their part to tease young girl. Upon this there took place some heated talks amongst them.;