Judgement

SINHA, J.: These two appeals arise out of the same judgment and order of a Division Bench of the Allahabad High Court, on leave granted by it at the same time that the judgment was delivered. Something will have to be said in the course of this judgment about the legality or regularity of the leave so granted. There are 16 appellants in Criminal Appeal No. 118 of 1954 and only one appellant in 119 of 1954.

Both the appeals relate to the occurrence which took place on the morning of 7th February 1952 at village Groan, Police station Ait, in the district of Jalaun of the State of Uttar Pradesh. 57 persons were placed on trial before the learned Sessions Judge of Orai on charges under section 120-B and 148, Indian Penal Code, as also under sections 201, 302, 325 and 452, all read with section 149, Indian Penal Code.

The learned trial judge acquitted all the accused in respect of the charge under section 120-B, Indian Penal Code. He convicted 36 of them under sections 148, 201/49 and 302/149, Indian Penal Code. of whom nine were sentenced to death and the others to transportation for life under section 302/149, to two years rigorous imprisonment under section 148. Indian Penal C