P.D.Kudal, J. - (1.) This is a criminal appeal against the judgment of the learned Additional Sessions Judge, Baran dated October 23, 1971 whereby the appellants were convicted and sentenced as under Appellants Gurdev alias Dev & Jasram : (1) Under Section 148, IPC to two years R. I. (2) Under Section 452 read with section 149, IPC to two years' R.I. (3) Under Section 323/324 read with section 149, IPC to one year's R. I. (4) Under Section 365, IPC to five years' R. I. Rest of the accused appellants : (1) Under Section 147, IPC to one year's R. I. (2) Under Section 452 read with section 149, IPC to two years' R, I. (3) Under Section 323/324 read with section 149, IPC to one year's R. I. (4) Under Section 365, IPC to five year's R. I.
(2.) All the sentences were ordered to run consecutively.
(3.) The prosecution case, in brief, is that in the night intervening 16th and 17th February, 1970, at about 11 p.m. the deceased Gangey was assaulted by the appellants along with some others. The prosecution alleged that 10 or 11 persons went to the village Khatka to bring Gangey. They entered into the house of Gangey and belaboured him, Gangey, however, managed to escape in the house of Nandu. Some of the accused, however, entered into the house of Nandu and beat Gangey there. Gangey was dragged out of Nandu's house and was beaten by all the accused persons. Later on, the accused persons forcibly took him away in the trolley of a tractor to village Sunda. Gangey died in the village Sunda and his body was disposed of in the field of sugar-cane by sprinkling kerosene oil by Swaran Singh, Buta Singh and Umrao Singh. The prosecution further alleged that the incident took place at the instigation and abatement of Swaran Singh. The prosecution examined four eye-witnesses namely PW/24 Sahani, mother of the deceased Gangey, PW/26 Nandu, PW/27 Mohan and PW/28 Shyama. Ajodhya was another eyewitness, but was not examined by the prosecution. It appears that Gangey was employed as "Hali" of Digoda Farming Society. Swaran Singh was the President of the said Farming Society. It appears that Gangey left the farm after having taken some advance from the Farming Society. The First Information Report was lodged on February 18, 1970 at 2.30 p.m, and accused Jasram and Arjun have been named in the First Information Report. In the First Information Report the names of the alleged eye-witnesses namely Sahani PW/24, Nandu PW/26, Mohan PW/27 and Shyama PW/28 have not been mentioned. The learned Munsiff-Magistrate, Baran after conducting the preliminary enquiry committed the accused to the Court of the learned Addl. Sessions Judge, Baran. The plea of the accused was recorded on May 12, 1971 to which they pleaded not guilty and claimed to be tried. The accused in their statement under Section 342, Cr. P.C. denied the prosecution case, but they did not examine any defence witness. The learned Addl. Sessions Judge by his order dated October 23, 1971 convicted and sentenced the seven accused-appellants as indicated above and acquitted the rest of them.;