The High Court, by the impugned Judgment, acquitted Sapan and Tapan.
All the five persons were charge sheeted and tried for offences punishable under Sections 302/149 and under Sections 307/149 and 148 of the Indian Penal Code.
On the way back to their house, when they were near Udayan Gas Co., five persons, viz.,
Bhagwan Das then gave a blow by means of a Farsa on the neck of Om Prakash resulting in his instantaneous death.
Then Bhagwan Das hit Munna on the head with the Farsa and a Lathi blow was given to Munna by Moti Lal.
Bhagwan Das, Nathu Lal, Moti Lal, Sapan and Tapan, surrounded them.
On receiving the blow Om Prakash fell on the ground.
In the meantime, Munna had tried to run away but was prevented from doing so by Sapan and Tapan.
Thereafter, Nathu Lal dealt a blow by means of a Gupti which landed on the back of Om Prakash.
This incident is alleged to have been witnessed by two brothers of Om Prakash who were standing nearby.
The Trial Court companyvicted all the five accused to life imprisonment under Sections 302/149 and R.I. for 10 years under Sections 307/149 I.P.C. They were also sentenced to R.I. for six months under Section 148 I.P.C. All the five persons filed Appeals before the High Court.
N. Variava, J. This appeal is against the Judgment dated 19th February, 1998.
Briefly stated the facts are as follows On 2nd June, 1986 one Om Prakash along with his friend Munna was taking a stroll.
