BABU LAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the judgement and order dated 11.7.1979 passed by VIth Additional Sessions Judge, Bulandshahr in Sessions Trial No. 69 of 78 convicting the appellants under Sec. 307/149, 147, 148 and 323/149 Indian Penal Code and sentencing them to two years R.I., Pay fine of Rs. 100.00 for the offence under Sections 307/149 Indian Penal Code and to six months R.I. for each of the remaining offences, namely, under Sections 147, 148 and 323/149 Indian Penal Code. All the sentences were under made to run concurrently.

(2.) No sentence in default of payment of fine was awarded. All of them were acquitted of the offence punishable under Sections 302/149 Indian Penal Code.

(3.) Appellant Babulal was charged under Sections 149/302, 307/149 and 323/149 Indian Penal Code. Appellant Brahmajit was charged under Sections 149, 302/149, 307/149 and 323/149 Indian Penal Code. The remaining three appellants were charged for the offences punishable under Sections 147, 302/149, 307/149 and 323/149 Indian Penal Code. It was said in the charges that on 2.8.1975 at about 1.00 P.M. they formed an unlawful assembly in the fields of PW-1 Lakhpat armed with weapons and in prosecution of the common object of such unlawful assembly. Babu Lal committed the murder of Panni alias Panna son of Ram Lal and all of them caused injuries to PW-2 Kripal Singh, PW-3 Tansukh, PW-4 Munshi Singh, Smt. Leelawati, Smt. Nathiya and Bhudeo with fire-arms and also voluntarily caused hurt to Suresh, Smt. Kundaniya, Smt. Jamuna, Km. Kusum Lata, Smt. Sharbati and Hoti Lal.