G.L.OZA, R.K.VIJAYVARGIYA
Hira – Appellant
Versus
State of M. P. – Respondent
The appellant Hira, along with five others who are appellants in the connected appeals, was tried for offences under sections 302/149, 148 IPC. All of them have been convicted under sections 302 read with S. 149 and also under section 148 IPC and sentenced to imprisonment for life and rigorous imprisonment for six months respectively. Appellant Ranchu has further been convicted under section 323 IPC and sentenced to rigorous imprisonment for six months under that count. The sentences on all the appellants have been ordered to run concurrently. They have preferred separate appeals from jail. They are present in person and have been heard. This judgment will govern the disposal of all these appeals.
2. Held: The evidence of the eye-witnesses corroborated by the first in formation report which was lodged without any undue delay, clearly establishes that suspecting that Gatiya was responsible for keeping the wife of Hira, the appellants formed an unlawful assembly and armed with weapons like axes, Kharaliya and Lathis went to the house of Gatiya. The evidence of these eyewitnesses also established that Gatiya was called out and thereafter all these appellants attacked him. A
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