JUDGMENT :- These are two connected criminal appeals arising out of the same sessions trial. The incident which led to the trial was the tragic sequel of two election meetings held in close proximity to each other by two rival parties to a contest for election to the Uttar Pradesh Vidhan Sabha from the Gondwa constituency of District Hardoi in connection with the general elections of 1962. The two contesting candidates for the election were Sri Mohan Lal Verma and Sri Rajendra Singh, the former being a candidate of the Congress party and the latter a candidate of the Jan Sangh party. The incident occurred on the 7th of February, 1962 in the Bazar of Lumamau, police station Sandila, District Hardoi and it resulted in the death of three persons and in injuries to many others.

2. Three reports were lodged about the incident at three different police stations. The first report was by Mohan Singh (P. W. 9) at police station Sandila, situate at a distance of about six miles from the place of incident, on the 7th of February 1962 at 7.00 p. m. This was against thirteen persons of the Congress party and twelve persons of the Jan Sangh party. The second report was lodged by Sri Mohan Lal Verma appellant at police station Atrauli, situate at a distance of about 12 miles from the place of incident, on the 7th of February 1962 at 7.15 p. m. and it was against 24 persons of the Jan Sangh party. The third report was lodged by Harnath Singh (P. W. 25) at police station Kotwali of Hardoi on the 8th of February 1962 at 4.35 a. m. and it was against 42 persons of the Congress party. After investigation, cross cases against a number of persons of both the parties were sent up by the police. The trial out of which these appeals have arisen related to 45 persons alleged to have belonged to the Congress party. Out of them 19 persons have been convicted and the remaining 26 have been acquitted. The appellants in appeal no. 1667 of 1964 are 13 in number. Among them Hanuman Singh has been convicted under Section 148 I. P. C. and sentenced to 2½ years' rigorous imprisonment and also under Section 323/ 149 I. P. C. and sentenced to nine months' rigorous imprisonment. The remaining appellants of that appeal have been convicted under Section 147 I. P. C. and sentenced to 1½ years' rigorous imprisonment and also under Section 323/149 I. P. C. and sentenced to nine months' rigorous imprisonment. The appellants in appeal no. 1668 of 1964 have all been convicted under Section 148 I. P. C. and sentenced to 2½ years' rigorous imprisonment, under section 307/149 I. P. C. and sentenced to seven years' rigorous imprisonment, and also under Section 323/ 149 I. P. C. and sentenced to nine months' rigorous imprisonment. All the sentences passed against the appellants in both the appeals have been directed to run concurrently.

3. Briefly stated, the prosecution story in regard to the incident is this. In the afternoon of the 7th of February, 1962, i. e. a few days before the start of the polling in respect of the general elections of 1962 for the Uttar Pradesh Vidhan Sabha, Sri Rajendra Singh the Jan Sangh candidate was holding an election meeting in the Bazar of Lumamau. The meeting was attended by 200 to 250 persons and was being held on the eastern side of a Galiara which was to the east of the Bazar. At about 3 p. m. some persons started making arrangements for a meeting of the Congress party at the Chabutra of Chhotey Lal Bania which was at a distance of 30 or 40 steps from the place where the Jan Sangh meeting was being held. Mukhtar Ali S. I. of police station Sandila (p. w. 17) had been directed by the station officer of police station Sandila to be present in the Bazar as election meetings were likely to be held there and he was, accordingly, present there along with some constables and Chaukidars.

Sri Rajendra Singh the Jan Sangh candidate pointed out to Mukhtar Ali that the Congress party was going to hold a meeting close to the meeting of his party and that m

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