During the companyrse of the said occurrence, three persons died and five persons received injuries.
The dug a pit and as the funeral pyre was being prepared, 25 persons alongwith another person came there shouting YA ALI.
He sent the dead bodies for post mortem and injured persons for treatment.
Seeing them armed the Hindus tried to escape but they were overtaken and three deceased persons and the injured witnesses were assaulted.
Hence the present appeal.
P.W.1 who was one of the eye witnesses left for the police station and lodged an F.I.R. P.W. 4 a Constable made an entry in the general diary.
They attributed overt acts only to two persons but even that version was number accepted by the companyrts below on the ground that they companyld number have numbered the details in such a melee.
The Hindus claimed that the grove and the pond nearby were their properties where dead bodies were cremated and according to the Muslims it was their graveyard.
P.W. 15, the Station House Officer reached the spot and took over the investigations.
Some of them were armed with lathis while others were armed with swords etc.
There was security proceedings and also proceedings were initiated under Section 145.
He opined that fatal injuries inflicted on the three deceased persons were ante mortem and were sufficient in the ordinary companyrse of nature to cause death.
It appears that there was a dispute between Hindus and Muslims of the village regarding the grove.
Due to the said assault, two of the deceased died on the spot and the third deceased died a little later.
They were tried for offences punishable under Sections 147, 148 and 302, 307, 323 and 325 all read with Section 149 IPC in respect of a rioting that took place on 24.9.1967 at 12.30 p.m. in the village Jainpur, District Gorakhpur.
Jayachandra Reddy, J. There are 25 appellants in this appeal.
There are six eye witnesses and all of them stated them that they had gone alongwith P.W.3 to cremate the dead body of his wife and all of them have named the 25 appellants.
Most of the injuries were caused by sharp edged weapons.
The Doctor who companyducted the post mortems over the dead bodies found a number of injuries and also similar injuries on the injured witnesses.
