JUDGMENT

Pattanaik, J – These two appeals arise out of the same Sessions Trial being Sessions Trial No. 332 of 1973 in the Court of vth additional and District Judge, Varanasi. The appellant are the members of Pradeshik Armed Constabulary belonging to the 5th battalion and their Headquater was ast Ramnagar. An unfortubnate and unsavoury incident occurred on account of the decision of the State Government that the Army should take over charge of the armoury and magazines of the Provincial Pardshik Army Constabularly throughout Uttar Pradesh. It is on account of the aforesaid direction the forces belonging to the Pradeshik Armed Constabulary revolved and resisted the Army personnel from taking charge of the armoury and in furtherance of which 12 persons belonging to the Army were killed and 32 were injured. On account of the firing from the Army 4 persons belonging to the Pradeshik Armed Constabulary were killed and some were injured. Ultimently however the direction of the State was implemented and the Army took charge of the armoury and other weapons. The incident ioccured during the night of 21.5.1973 and continued for a fiairly long period till 4.30 p.m. if 22.5.1973. On the bas