JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. Heard Sri Sikandar B. Kochar, learned counsel for the appellants and Sri Ajeet Ray, learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgment and order dated 27.02.1982 passed by IV Additional Session Judge, Muzaffarnagar in S.T. No 259 of 1981, convicting and sentencing the appellant Mahabir, Krishan Pal, Daulat, Topi, Ghasita, and Dharma to 2 years rigorous imprisonment under Section 148 and life imprisonment under Section 302 I.P.C. read with Section 149 I.P.C. Both the sentences shall run concurrently.

3. In brief, the prosecution case is that on 10.03.1980 at about 10:15 a.m. a Case Crime No.70 under Section 148, 149, and 302 I.P.C. was registered at Police Station- Bhopa, District- Muzaffarnagar on an application of Ram Gopal dated 10.03.1980. It was alleged in the application that to construct the houses for weaker sections a unanimous resolution was passed by the Gram sabha Wazirabad, for which a meeting was held a month earlier and plots were already allotted, 32 beneficiaries were selected for the construction of houses and Jagmohan was also included in it and his house was also to be constructed. Ja