KISHAN JADAV Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal No. 339 of 1981 and Criminal Appeal No. 340 of 1981 both arise out of the same sessions trial No. 6(11) 80 held by the 10th Court of the Additional Sessions Judge at Alipore resulting in the convictions of all the 14 appellants Under Sections 148 IPC, 307/149 IPC and 302/149 IPC. They were each sentenced to one year R.I. Under Section 148 IPC, 7 years R.I. Under Section 307 IPC and to imprisonment for life Under Section 302/149 IPC, the sentences to run concurrently. Both these appeals involve 14 appellants in all, in Criminal Appeal No. 340 of 1981, Lakhraji Devi and her three sons viz., Ram Murad Prosad, Ram Samaj Prosad and Ram Surat Prosad alias Lotan being the appellant, while Criminal Appeal No. 339/81 is on behalf of the remaining 10 appellants. These two Criminal Appeals since they arise out of the same joint trial have been heard together and this judgment will govern both.

(2.) THE 14 appellants are (1) Lakhraji Devi, (2) Ram Murad Prosad, (3) Kishen Jadav (4) Inder Hela, (5) Ganesh Show, (10) Mahesh Passi, (11) Bhola Passi, (12) Som Nath Passi, alias Prasad, (13) Raj Path Passi alias Manager, and (14) Ram Surat Prosad alias Lotan. All the appellants have been charged Under Section 148 IPC for being members of an unlawful assembly on '21.6.1978 at Mudipara, P.S. Titagar and in prosecution of the common object of the said assembly viz., in assaulting Provakar Tewari and his brother, committed rioting, being armed at the time with deadly weapons to wit, sword, pipe gun, nepala end lathi. They have all been further charged Under Section 307/149 IPC for an assault on Sudhakar Tewari the brother of Provakar Tewati, in prosecution of the said common object of the said unlawful assembly. They have all been also charged Under Section 302/149 IPC for causing death of Provakar Tewari, being members of the said unlawful assembly, in prosecution of the said common object of that assembly.

(3.) S .I. Ranada Paul (PW 10) I.O. of this case, then attached to P.S. Titagar, on receipt of the complaint from P.W. 1 (Ext. 1) went to the place of occurrence seized alamats drew up a sketch map with index and arrested the accused Ram Murad, Kishen Jadav, Inder Hela, Lakhraji and Gambler from Muchipara on 21.4.78. He examined P.Ws. 2, 3 and 4 and some others. He seized the wearing apparels of the deceased being produced by his wife (P.W. 3) under a seizure list in the presence of the witnesses. After obtaining the post -mortem report and on completion of investigation he submitted a charge -sheet against all the accused persons on 29.8.79.