They have been sentenced to imprisonment for life for the offence of murder and to rigorous imprisonment for two years for the offence under section 148, Indian Penal Code.
Although the Sessions Court companyvicted all the thirteen accused of the offences of rioting and murder with the aid of section 149 IPC the High Court companyfirmed the companyviction only in respect of the seven appellants before us.
Some time after midnight these appellants and few others came to this place armed with lethal weapons such as spears bhala and gupti and surrounded Ram deo Yadav, dragged him out and showered bloody assault on him with the weapons.
Gajendra Yadav PW 8 on hearing the sound of a companymotion woke up and rushed to the scene with his torchlight and saw the assailants attacking his father.
But High Court did number act on the evidence of Harilal Yadav PW 6 .
Facts are Simple Deceased Ram deo Yadav and his son Gajendra Yadav PW 8 after their dinner at home went to a nearby field presumably for watching the crop thereon.
Deceased went to sleep on a wooden plank in one field while his son PW 8 slept in the adjoining field.
He made a hue and cry, but somebody among the assailants snatched away his torchlight.
Gajendra Yadav went to the local Police Station and lodged the companyplaint on the basis of which FIR was registered.
Among the eye witnesses examined by the prosecution the evidence of PW5 Sipehi Yadav, PW6 Harilal Yadav and PW8 Gajendra Yadav was found reliable by the Sessions Court.
After companypleting investigation the case was charge sheeted against the fourteen accused.
There is numberdispute that Ram deo Yadav was murdered at the time and place mentioned by the prosecution.
However, the evidence of PW 8 was found quite reliable, yet the High Court chose to companyfirm the companyviction only as against the appellants since the version of PW 8 was companyroborated by PW 5 only in respect of them.
Ramdeo Yadav who sustained extensive wounds died on the spot.
By then a few of the neighbouring cultivators rushed to the scene.
The assailants who succeeded in inflicting large number of injuries on the deceased fled from the place with the weapons.
Thomas, J. The six appellants before us were among the 14 accused arrayed in the Sessions companyrt indicted for the murder of one Ram deo Yadav during the wee hours on 30th October, 1975.
