Judgment

AHMADI, J.:- These four appeals, the first by a relative Anvaruddin and the others by the State of U.P., arise out of a single incident which occurred on February 11, 1973 at about 11 a.m. wherein Siraju and his son Ali Mohammad were killed. Nine persons, namely, (i)Shakoor, (ii)Fayaz Ahmad, (iii)Ahsan, (iv)Allauddin, (v)Shamshu, (vi) Alam, (vii) Wasla, (viii) Gaju and (ix) Kallu were arraigned. before the learned Sessions Judge, Meerut, principally on the charge of having formed an unlawful assembly for the murder of the aforesaid two persons. They were charged under Ss. 147 and 302 read with S. 149, I.P.C. The learned Sessions Judge acquitted two of them, namely, Gaju and Kallu. of all the charges levelled against them and directed that they be set at liberty whereas the remaining seven persons were convicted under S. 3021149, I.P.C. and were sentenced to suffer imprisonment for life. Accused Shakoor, Alam, Fayaz Ahmad, Ahsan, Allauddin and Wasla were also convicted. under S. 148, I. P. C. and were sentenced to suffer rigorous imprisonment for one year. Both the sentences were directed to run concurrently. Accused Shamshu was convicted under S. 147 and was directed to suf