Judgment

P. JAGANMOHAN REDDY, J. :- Of the 26 accused charged with offences under Sections 307/149, 304/34, 147, 148 and 379, the Trial Court acquitted 24 accused but convicted Nanhku Singh, A-1 and Lalita Singh, A-2 under Section 307 and sentenced the former to 7 years rigorous imprisonment and the latter to 5 years rigorous imprisonment. In appeal the High Court confirmed the conviction of both the accused but under Section 307 read with Section 34 and reduced the sentences to be under gone by each of them to 3 years rigorous imprisonment. This Court granted Special Leave only to Nanhku Singh and rejected the petitioner of Lalita Singh for default of surrender.

2. According to the prosecution case, on November 17, 1964 at about one pahar after sun-rise, about 7 or 8 A. M. Nanhku Singh, Lalita Singh, Mohan Singh, A-3 who had each a gun, along with accused Nos. 4 to 26 who were armed with ballams, Garashas and lathis came to the field of Indradeo Singh, P. W. 12 and were alleged to be engaged in cutting the paddy crop in that field. On seeing this, Indradeo Singh along with Chait Ahir, P. W. 8 and others went there and when Indradeo Singh protested at the highhandedness of the accuse