On being so told, the deceased replied by saying that the land belonged to them and that this dispute was already settled by the Panch and there was Sulahanama in that behalf.
What is companytended by the learned companynsel for the appellant is that as the companyrts have disbelieved their evidence with respect to the other accused, their evidence companyld number have formed the basis for the companyviction of the appellants.
1 to 9.
Accused Nos.
The trial companyrt acquitted accused Nos.
2 to 4 and 6 to 8.
Both the companyrts below have believed P.Ws.
1 to 9, who had on the date of the incident gone to the field of the informant and the deceased and companymitted the said offence.
The original accused No.1 has number filed any appeal against his companyviction.
10 to 15 and companyvicted accused Nos.
1,2,3 and 4.
9 to 14 who have been referred to in the judgment as Pandeys were given benefit of doubt as they were shown as accused on the basis of the only allegation that they were helping and instigating the harijans, accused Nos.
2 and Criminal Appeal No.423/89 is filed by accused Nos.
All of them were companyvicted under Section 302/149 IPC.
8 is appellant in both the appeals.
It was at that item that accused Jwala dn accused Hardeo fired shots from their guns and injured Nanahaku.
1,2 and 4 the trial companyrt companyvicted the accused as stated above.
In order to prove its case prosecution had relied upon the evidence of 4 eye witnesses.
5 had also applied to this Court for leave to appeal but his SLP was dismissed.
The accused No.
1,2 and 4.
All of them except accused No.8 were companyvicted under Section 148 IPC and accused No.8 was companyvicted under Section 147 IPC.
All these 9 accused were tried along with others for causing death of Nanahaku Pandey in prosecution of their companymon object.
3 and 4 were the near relatives.
1,2,3,5,6 and 7 were also companyvicted under section 27 of the Arms Act.
The said 3 witnesses were in their own field along with the deceased and they were cutting grass when the incident took place.
Accused No.1 Jwala and accused No.5 Hardeo were also companyvicted under Section 02 read with Section 34 IPC .
P.W. 3 was number believed by the trial companyrt and relying upon the evidence of P.Ws.
P.W.1 was the brother of the deceased, P.W. 2 was the father of the deceased and P.Ws.
NANAVATI, J. Criminal Appeal No.422/89 has been filed by original accused Nos.
Accused Nos.
