JUDGMENT

(25-01-2017) Per Justice N.K. Gupta, The appellants have preferred the present appeal being aggrieved with the judgment dated 25-02-1999 passed by theAdditional Sessions Judge, Sheopurkalan in S.T.No.180/1995 in which the appellants have been convicted for the charges of Sections 147, 302 or 302 read with Section 149 and 452 of IPC and sentenced to 6 months imprisonment, life imprisonment with fine of Rs.100/- and 1 year imprisonment with fine ofRs.100/- respectively with default stipulation. 2- The prosecution's case in short is that on 07-03-1995 at about 8:30 pm various accused persons belonging to tribal community gathered in front of house of one Motilal (PW-7).

They were demanding the gift for the festival Holi. Motilal told them that appropriate gifts had already been given to them but the accused persons were not satisfied and therefore, they started assaulting various persons with stick and by pelting stones. In such activity, Shanti Bai (PW-3), Radheshyam (PW- 5), Ramswaroop (PW-6), Babulal (PW-1), Govarilal (PW-9) and2 Cr.A.No.215/1999 Pooran had sustained injuries. When the deceased Deviram intervened in