JUDGMENT

K. JAYACHANDRA REDDY, J.:—There are 25 appellants in this appeal. They were tried for offences punishable under Ss. 147, 148, and 302 307, 323 and 325 all read with S. 149, I.P.C. in respect of a rioting that took place on 24-9-1967 at 12.30 p.m: in the village Jainpur District Gorakhpur. During the course of the said occurrence, three persons died and five persons received injuries. Most of the injuries were caused by sharp-edged weapons. It appears that there was a dispute between Hindus and Muslims of the village regarding the grove. The Hindus claimed that the grove and the pond nearby were their properties where dead bodies were cremated and according to the Muslims it was their graveyard. There was security proceedings and also proceedings were initiated under S. 145.

2. While so the wife of P.W.3, Guptar ,a local Hindu, died and P.W. 3 and other Hindus carried the dead body to the said pond in the grove in order to cremate her body. They dug a pit and as the funeral pyre was being prepared, 25 persons along with another person came there shouting "YA ALI". Some of them were armed with lathis while others were armed with swords ate. Seeing them armed the Hindus tried