Judgment

P. JAGAMOHAN REDDY, J.: Six accused were charged with offences under Section 302, read with Section 149, S. 307 read with S. 149 and Section 148 of the Indian Penal Code for having formed themselves into an unlawful assembly with the common object of demolishing the thatch of one Ram Badal, Complainant P. W. 1 on 30th November 1967 at about 9.30 a.m. at Mohalla Alawalpur, Qasba Utraula, District Gonda and for having committed the murder of Ram Harakh alias Harkhey and Jagga, the brother and mother-in-law respectively of said Ram Badal. It appears that Ram Badal had applied on 2-1-66 to the Notified Area Committee Utraula for permission to construct a thatch on the parti land. Ram Tahal, accused filed an objection petition on 6-1-66 objecting to the construction of the Thatch on the ground that Ram Badal was constructing it, on a public highway, but when these objections were being enquired into Ram Badal and Ram Tahal came to terms and entered into a compromise by and under which it was agreed that Ram Badal should leave six ft. wide passage between his house and the house of Gharib across the way. Notwithstanding this compromise it is alleged that accused Ram Tahal was not happy and during the Dussehra festival in October 1966 when he wanted to take the Ramlila Viman procession through that passage Ram Badal raised an objection on the ground that there was no precedent for taking such a procession. This dispute was however settled by the intervention of the Notified Area Committee which took an undertaking from the accused Ram Tahal that he would only take the Ramlila Viman procession through that way that year and in future when Ram Badal had completed his construction, the Ramlila procession could only be taken through the six feet wide passage that was being left, and if he could not do so, through that passage he will not have any right to take a procession. This settlement does not appear to have pacified Ram Tahal and it is stated that 10 or 11 days before the occurrence namely on the 19th November 1966 or 20th November 1966 after Ram Badal had constructed his Chhapar Ram Tahal asked him to pull it down and threatened him with consequences if he did not do so. Ram Badal however did not pull down his Chhapar. On the 30th November 1966 at about 9.30 a.m. Ram Tahal, his sons Prem, Mata Din, Pitamber, Pudki and his daughter Tara came to the Chhapar of Ram Badal armed and began to pull it down. Ram Tahal was armed with a Karpa, Prem and Pudki with Ballams, Pitamber and Mata Din with Lathis and Tara with a Bahangi which is a long pole on the two ends of which a weight is bound by ropes and it is carried by putting the pole on the shoulder. When these accused started pulling the Chhapar down Ram Badal s brother Ram Harakh, the deceased, who was then present resisted the move of the accused and was beaten by the accused. On Ram Harakh raising an alarm Ram Badal, Ori Lal son of Ram Harakh, Ram Badal s mother-in-law Jagga who lived nearby, Sukhraj P. W. 3 wife s sister s son of Ram Badal rushed to the scene. They were also beaten by the accused. It is the case of the prosecution that Ram Badal had a lathi which he weilded to defend, but notwithstanding this, severe injuries were caused on Ori Lal, Jagga and Ram Harakh and they all fell down and even after they had fallen down they had been struck. Accused Prem is said to have struck Jagga with his Ballam after she had fallen down. On Ram Badal and the injured persons raising an alarm, Kallu, P. W. 2, Kunnu P. W. 6, Gopi P. W. 7, Bhagirath or Bhagi P. W. 8, Sri Kishan Lal, C. W. 1, Chhotu C. W. 2 and others came to the spot and on their intervention the accused ran away carrying their weapons with them Jagga and Ram Harakh who were seriously injured were taken to the Police Station Utraula accompanied by Sukhraj P. W. 3, while Ram Badal P. W. 1 went there on Rickshaw. On the way to the Police Station Jagga expired. Ram Badal, P. W. 1 lodged the First Information Report at