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1971 Supreme(SC) 242

A.N.RAY, C.A.VAIDIALINGAM
Har Prasad – Appellant
Versus
State Of M. P. – Respondent


Judgment

VAIDIALINGAM, J.:- The appeal, by special leave, by the six appellants is directed against the judgment and order dated May 3 1967 of the Madhya Pradesh High Court in Criminal Appeal No. 374 of 1964 confirming their conviction for offences under Sections 148, 452, 302 read with Section 149 and 307 read with Section 149, I. P. C. as well as the sentences imposed for those offences. In view of the sentence of imprisonment for life passed for the offence under Section 302 read with Section 149, the sentences in respect of other offences have been directed to run concurrently.

2. In all fourteen accused, including the appellants were tried by the learned. Sessions Judge, the allegations being that all of them formed themselves into an unlawful assembly with the common object of intentionally murdering with dangerous weapons two persons Balmukund and his son Ram Gopal, and of attempting to murder Lal Singh, P. W. 1, son of Balmukund and that they in prosecution of the common object caused the death of the above two persons and also attempted to murder Lal Singh. There were also certain other offences alleged under the Indian Arms Act.

3. The case of the prosecution was as follows:





















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