Law:

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JUDGMENT: CRIMINAL, APPELLATE JURISDICTION : Criminal Appeal No. 110 of 1970. Appeal by Special Leave from the Judgment and Order dated the 8th January 1970 of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Appeal No. 634 of 1967. A. N. Mulla and R. L. Kohli, for the appellants. 0. P. Rana, for the respondent. The Judgment of the Court was delivered by CHANDRACHUD J.-The appellants, eleven in all, were acquitted by the Additional Sessions Judge, Gonda, but the order of acquittal was set aside in appeal by the High Court of Allahabad (Lucknow Bench). The High Court has convicted the appellants under sections 302, 325 and 323 read with section 149 and under section 147 of the Penal Code. They have been sentenced to life imprisonment for the offence of murder and to shorter terms for the other offences. This appeal by special leave is directed against that . The charge against the appellants is that on the evening of September 17, 1966 they formed an unlawful assembly and in prosecution of the common object of that assembly they caused the death of Hausla Prasad and injuries to Rampher, Dwarika and Lakhu. On September 17,1966 which was a Kajri Tij day Rampher and the deceased Hausla Prasad had gone to a temple which is at a distance about 8 miles from the village of Jhampur where they lived. They left the temple late in the afternoon along with Dwarika and Lakhu whom they met at the temple. Soon after they crossed a river near the village of Singha Chanda they are alleged to have been attacked by the appellants. Dwarika brought a bullock' cart from a village called Gauhani and thereafter the four injured persons proceeded to the Tarabganj police station. On the way Rampher dictated the First Information Report to a boy called Gorakhnath and soon,, thereafter the report was lodged at the police station at about 12-30, at night. Hausla Prasad succumbed to his injuries just before the party reached the police station. He had' 12 injuries on his person, Lakhu and a swelling Rampher had received 6 injuries while Dwarika had received 9 injuries. The injuries received by these persons including, Hausla Prasad were mostly contused lacerated wounds and…

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