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1964 Supreme(All) 403

H. C. P. TRIPATHI
Gayadin – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

H. C. P. Tripathi, J. - These twelve appellants have been convicted finder Section 307/149, I.P.C. and also under Section 324/149, I.P.C. and sentenced to undergo rigorous imprisonment for five years under the first count and for one year under the second count. Appellants Gayadin, Tulsiram and Lahuri have further been convicted under Section 148 I.P.C. and sentenced to two years rigorous imprisonment. The other appellants have further been convicted under Section 147 I.P.C. and sentenced to one years rigorous imprisonment. The trial court has, however, directed the sentences to run concurrently.

2. Appellants Gayadin and Lahuri are teal brothers and Panchu and Ram Nath are their uncles. Ram Naresh alias Napai is a cousin of Gayadin. Appellants Tulsiram, Ramdeo and Ramjag are the sons of Nageshar and the other appellants are their partisans and supporters.

3. The prosecution story, in brief, is as follows:

A civil litigation had been going on tor some time between complainant Jagdamba and his brother Karya on the one side and Nageshar and some others on the other for a number of years in respect of a field in the village. Jagdamba and Kariya had lost the case both in the tr

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