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1978 Supreme(All) 419

DEOKI NANDAN
Gajram – Appellant
Versus
State – Respondent


Advocates appeared:
N.P. Middha

JUDGMENT

Deoki Nandan, J.

1. THERE are six appellants in this case. All of them have been convicted under Section 307 read with Sec. 149 IPC for having assaulted Janki. Chandrapal and Liladhar appellants have further been convicted under Section 148 I. P. C. for being armed with spears. Gajram, Makhan, Bhawani and Naikoo, appellants were further convicted under Section 147 IPC. The sentence awarded by the learned Sessions Judge was seven years' R.I. for the convicting under Sec. 307/149 IPC to each of the six appellants, three years' rigorous imprisonment to Chandra Pal and Liladhar appellants for the offence under Section 148 IPC and one year's rigorous imprisonment to Gajram, Makhan, Bhawani and Naikoo each for the offence under Section 147 IPC. All the sentences have been ordered to run concurrently.

2. THE prosecution case as unfolded in the first information report lodged by Sukkhi was that he had a field having an area of 3-1/2 bighas at ganda nala of the village. He had sown lahi. On the date of occurrence, viz. January 13, 19/0 at about 8-9 A. M. Gajram, appellants, was reaping the harvest of lahi. The complainant, Sukhi, asked him to desist from doing so saying that he (the













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