Hon'ble Surendra Kumar, J.:

1. Heard Sri Janardan Prasad Tripathi, learned counsel for the appellants and Sri Sangam Lal Kesharwani, learned AGA for the State.

2. This criminal appeal arises out of judgment and order dated 27.5.1983 passed by IV Additional Session's Judge, Aligarh, in Session's Trial No.66 of 1982, State Vs. Jumma and 13 others ( Crime No.192 of 1980) Police Station Sasni, District Aligarh whereby all the fourteen accused persons, Jumma A-1, Yasin A-2, Bunda A-3, Gulsher A-4, Munna A-5, Zafruddin A-6, Amanat A-7, Sher Khan A-8, Ismail A-9, Faqira A-10, Jan Mohammad A-11, Rashid A-12, Babu A-13 and Bhura A-14 were convicted under Sections 302 read with Section 149 IPC and sentenced to imprisonment for life except Faqira A-10. A-1 to A-4 Jumma, Yasin, Bunda and Gulsher were also convicted under Section 148 IPC and sentenced to undergo two years rigorous imprisonment, remaining appellants A-5 to A-14 were convicted under Section 147 IPC and sentenced to undergo two years rigorous imprisonment except Faqira A-10. All the appellants were further convicted under Sections 324 read with Section 149 and 323 read with Section 149 IPC and sentenced to undergo one year rigorous imprisonment and nine months rigorous imprisonment respectively. All the sentences were directed to run concurrently.

3. Appellant No.10 Faqira was found guilty for the offences charged against him, but he was given benefit of Section 30 of U.P. Children's Act as his age was determined to be about 13 years on the date of the occurrence which took place in the year 1980. Appellant Faqira was ordered to execute a personal bond in a sum of Rs.3,000/- with two reliable sureties in the like amount for his good behaviour for the period of three years and during this period he was directed to be supervised by his father who was made responsible for his good behaviour. Till the execution of bonds, he was directed to be detained in prison as a youthful offender and kept separately from other jail inmates. All the appellants including appellant no.10 have assailed legality and correctness of their aforementioned conviction.

4. Appellant no.1 to 4 and appellant no.8 to 11 and 13 have died pending consideration of their appeals and hence this appeal in respect of them stood abated.

5. In the instant appeal, we are at this moment concerned only with Munna A-5, Zafruddin A-6, Amanat A-7, Rashid A-12 and Bhura A-14 ( surviving appellants). It may be noted here that appellant no.1 to 4 who were armed with Farsa have already died. The surviving appellants are alleged to be armed with Lathis and wielded the same during commission of the offence.

6. The prosecution story in a nutshell is that in the night intervening between 10th and 11th of June, 1980, at about 00:30 a.m. in village Gopalpur situated within Police Circle Sasni, District Aligarh, the accused persons formed an unlawful assembly with the said common objects of causing death of Ganga Prasad and injuring others with the weapons held by them and, in prosecution of the said common object, they did commit murder of Ganga Prasad and caused hurt to Surajpal Singh, Chandrapal and Ram Swarup with Lathi and Farsa. First Information Report of the occurrence was made by Surajpal Singh at Police Station Sasni, on 11.6.1980 at 1:20 am, Ext. Ka-2 upon which a case against the accused persons was registered and investigated.

7. Head Constable Balvir Singh PW-5 was posted as Head Moharrir on 11.6.1980 at Police Station Sasni. He prepared Chik FIR Ext. Ka-3 on the basis of the written report of Surajpal Singh Ext. Ka-2 and at the same time he registered the case in G.D. at Serial No.3 dated 11.6.1980 and proved its copy Ext. Ka-4.

8. S.I. Shiam Singh PW-6 was posted as Second Officer at Police Station Sasni on 11.6.1980. The present case was registered at Police Station Sasni, in his presence and he investigated the case. On the next day, he inspected the scene of occurrence at 7:00 in the morning and prepared the site plan Ext

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