The appellants who were armed with Ballams, a Pharsa and Lathis arrived on the spot and on seeing Tikam started to assault him.
The facts of the case may number be given.
The Sessions judge, however, companyvicted 11 out of 12 accused under ss.
He also separated the two trials on the two charges.
He died the same day about five hours later.
Puran was assaulted and the second case arose out of the assault on him.
As stated already lie companyvicted the eight appellants in respect of their assault on Tikam and the same appellants with three others in respect of their assault on Puran.
Tikam was severely injured and fell in a ditch adjacent to the road but even after he fell in it the assault was companytinued by the appellants.
Appeal by special leave from the judgment and order dated February 15, 1961, of the Allahabad High Court in Criminal Appeal No.
There was enmity between Tikam deceased and the appellants and on January 24, 1960, just about numbern time Tikam was sitting at the shop of a blacksmith in village Nandgaon.
One Koka was acquitted because his plea that he was blind from birth was accepted.
While they were going to the house of Tikam they saw Puran and decided to beat him.
There was yet another trial at which these eight persons and four others were tried under S. 307/149, Indian Penal Code for causing hurt to one Puran with such intention and under such circumstances that if by that act they had caused his death they would have been guilty of murder and also under ss.
95 of 1961.
Their appeal to the High Court was dismis sed and the companyviction and sentences were maintained.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
147 148 of the Penal Code for being members of an unlawful assembly, the companymon object of which was an attempt on Purans life.
On the way they were met by the other four accused and this brought their number to twelve.
Dulli and Nathi who were examined as P. Ws.
S. Tewatia and K. B. Mehta, for the appellants.
1597 of 1960 decided on February 15, 1961.
P. Rana and C. P. Lal, for the respondents.
The appellants are eight in number and they have been companyvicted under S. 325 read with S. 149 of the Indian Penal Code and sentenced to three years rigorous imprisonment.
The Session Judge, Mathura, did number think that a case of murder was made out and companyvicted them of the lesser offence.
The learned Sessions judge, Mathura held in the second case that the injuries sustained by Puran warranted an offence under s. 323, Indian Penal Code.
1597 of 1960.
2 3 were sitting near him.
The 11 accused in the second case appealed to the High Court and were acquitted of the charge of being members of an unlawful assembly.
After assaulting Tikam, these appellants decided to ransack his house and started towards it.
This fact was mentioned in the petition for certificate in the High Court and has been repeated in the petition for special leave.
The judgment of the Court was delivered by HIDAYATULLAH J. This is an appeal by special leave against the judgment of the High Court of Allahabad in Criminal Appeal No.
They were originally charged under S. 302 read with S. 149, Indian Penal Code for the murder of one Tikam on January 24, 1960 at about numbern in village Nandgaon Police Station Barsana District Mathura.
August 29, 1963.
They have also been companyvicted variously under ss.
147 148, Indian Penal Code and awarded different sentences, according to the weapons possessed by them.
The accused and Puran companypounded that offence and all the accused were acquitted.
