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1964 Supreme(All) 351

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


JUDGMENT

H. C. P. Tripathi, J. - These 23 appellants have filed this appeal against their conviction and sentences under various sections of the Indian Penal Code recorded by the learned Temporary Sessions Judge of Mathura. Appellant Shyam Lal has been convicted under Sections 148 I.P.C., 323/149 I.P.C. and 325/149 I.P.C. and sentenced to 2 years R. I., one years R. I. and 5 years R. I. respectively. The other 22 appellants have all been convicted under Sections 147 I.P.C. 323/149 I.P.C. and 325/149 I.P.C. and sentenced to 1 years R, I., 1 years R. I. and 4 years R. I. respectively in each of the three counts. All the sentences have been directed to run concurrently.

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

On January 19, 1961, election for the office of Pradhan was to be held in village Gidoh, police station Kosi, between the two rival candidates, Sanwalia Ram, a Brahmin by caste, and the appellant Shyam Lal, a Jat. Sri Nathu Ram Mandawat, M.A., L.T., had been appointed the Presiding Officer and he had reached the village in the evening of January 18, 1961 along with the other members of the polling staff. The polling was to be held in the Primary School building of the v

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