- (1.) THE appellants, therein number, were arrayed as A -l, A -2 and A -3 and three other accused, who were arrayed as A -4 to A -6, were acquitted by the trial Judge.
(2.) THE appellants and the other acquitted accused will be referred as A -1 to A -6 in the judgment for the sake of convenience.
(3.) ACCUSED A -1 to A -6 were charged for an offence under Section 302 read with Section 149 IPC on the allegation that they were members of unlawful assembly and that in furtherance of the common object of the said unlawful assembly, they slapped and fisted Pahalu Mina and the said Pahalu Mina thereafter died. The trial Judge, while acquitting A -4 to A -6, found the accused A -1 to A -3 (appellants) guilty under Section 302 IPC, for which each of them was sentenced to imprisonment for life. The said conviction and sentence are being challenged in this appeal. Idrish Mian, PW 12, is the nephew of the deceased and Dukhi Mian, Pahalu Mian (deceased) and Sahib Mian are the brothers. The grandfather of Idrish Mian had taken a land from Mirza Sahib and was cultivating the said land. This was objected by A -1 Abdul Rahim, A -2 Aziz Mian and A -3 Wahid Mian went to the place and protested. They asked the deceased not to plough the land. Thereafter they started fisting and slapping. The deceased Pahalu Mian fell down. Three other accused, who were acquitted, were standing by the side with Lathis in their hands. On hearing the cries of the deceased, PW 12 was at a nearby field, reached to the place and found all the appellants (A -l to A -3) sitting on the chest of the deceased, who was on the ground. The villagers also gathered. Thereafter all the accused ran away from the place. A fardbeyan was laid at the police station. A formal FIR, Ext. 3, was registered at 2.00 a.m. on 4/5.6.1987. Investigation was taken up by PW 13, Ramadhar Singh, who conducted inquest and prepared the inquest report, Ext. 5.;