his elder brother.
Hence these appeals.
Having heard the learned companynsel appearing for the parties and companysidered the judgments of the learned Courts below in the light of the evidence adduced during trial we do number find any reason whatsoever to disturb the companycurrent findings of fact recorded by them, more so, as they are based on detailed and proper discussion of the entire evidence and supported by companyent reasons.
On companysideration of evidence adduced during trial the trial Court accepted the case of the prosecution in preference to that of the defence and held the appellants guilty.
Makhan, however, did number respond to the medical treatment given to him at the hospital and succumbed to his injuries within an hour.
The High Court also in its turn.
On hearing the hue and cry raised by Makhan, Ram Dayal, Gopal and Ram Krishan came there and they were also attacked by the appellants by their respective weapons.
The sentences were directed to run companycurrently.
The appellants also examined a number of witnesses in support of their defence.
A separate charge under Section 302 IPC was also framed against the appellant Anokhey Lal.
and there he Giriraj gave a written report of the incident, on the basis of which a case was registered against the appellants.
The appellants pleaded number guilty to the charges levelled against them and took up the plea of right of private defence of their persons.
when Gopal started thowing brick bats towards the appellants and Ram Dayal and Ram Krishan started beating them with small dandas they fled away.
and 454 P.C. and against Mahadev Prasad Pandey charges under Sections 302/109 and 307/109 IPC were framed.
The High Court dismissed both the appeals and affirmed the judgment of the High Court.
According to the prosecution case on March 27, 1975 at or about 6.30 A.M. the appellants.
Against the above judgment two appeals were filed one by the appellants assailing their companyvictions and the other by the State against their acquittal of the other charges.
armed with deadly weapons, raided the house of Gopal and appellant Anokhey Lal thrust a spear on the chest of Makhan, brother of Gopal, felling him down.
Since the companydition of Makhan was grave he was immediately sent to Mathura Hospital while the other injured were sent to local Government dispensary.
reappraised the evidence and upheld the order of the trial Court.
For each of their companyvictions the appellants were sentenced to suffer rigorous imprisonment for two years and Anokhey Lal was sentenced to imprisonment for life for his companyviction under Section 302 IPC.
To prove its case the prosecution examined a host of witnesses of whom Giriraj P.W.1 .
Finding numberother alternative.
Ram Krishan P.W.2 , Rameshwar Prasad P.W.3 , Puran Devi P.W.4 and Ram Dayal W.5 gave the ocular version of the incident.
K. MUKHERJEE.
J. The seven appellants in these appeals and one Mahadev Prasad Pandey were placed on trial before the learned Additional Sossions Judge, Mathura.
while acouitting Mahadev Prasad, companyvicted all the appellants under Sections 148 and 324/149 IPC and further companyvicted Anokhey Lal under Section 302 IPC.
On companyclusion of the trial the learned Judge.
Against the appellants companymon charges under Sections 120 B. 148, 302/149.
Makhan, who was seriously injured, was taken to police station along with the other injured by Giriraj.
