Judgment

K.JAYACHANDRA REDDY, J.:- On 29-5-1981 at about 8 A.M. a grave rioting took place in the village of Tirro in Varanasi District. In the course of the said rioting two persons Mahendra Singh and Virendra Singh deceased Nos. 1 and 2 were killed and Vijay Narain Singh, P.W. 1, Uma Shankar Singh, P.W. 2 and one Kailash Singh received injuries. In respect of these offences 14 accused were tried under Sections 148 and 302 read with Section 149, I.P.C. Chirkut Singh, accused No. 6 was tried for offence punishable under Section 307, I P.C. for attempting to commit the murder of P.W. 1 and the remaining accused under Section 307 read with Sec. 149, I.P.C. for causing injuries to Uma Shankar Singh, - P.W.2 and Kailash Singh. It is alleged that the material prosecution witnesses, deceased persons and the accused belong to the same village. Since 1972 there have been disputes between these two rival groups. A number of cases were also pending in the Courts. On the day of occurrence at 8 a.m. P.W. 1 went to his pumping set. P.W. 2 Uma Shankar Singh and his relation Kailash Singh were also at the pumping set. Deceased Nos. 1 and 2 were proceeding along with the rasta towards the pumping s