JUDGEMENT
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(1.)The facts of this case reveal that an auspicious occasion of marriage had turned out to be a funeral ceremony, following a quarrel that ensued between the invitees on a flimsy ground. The three appellants herein along with two others, who have been acquitted by the High Court, were charged for murdering two persons, namely, ravindra Singh and Mahendra Singh in the night of 20th February, 1977 in the village tikari, Aligarh District. On trial, the appellants were convicted under Section 302 read with 34 IPC and Section 307 read with 34 IPC and sentenced to life imprisonment. The other two accused were convicted under Section 302 read with 109 IPC.
(2.)On appeals filed by the accused before the High Court, the conviction and sentence of the appellants was up held by the High court. The conviction of the other two accused was set aside by the High Court giving them the benefit of doubt.
(3.)The prosecution case is that on 20th february, 1977 on the occasion of the marriage at the house of Sri Ram Nayi, the bridegroom party, (known as 'baratis') came to the village and stayed in a chaupal (courtyard of the house) of one vikram Singh. There was a dance performance on that occasion. At about 8 p. m. barati after taking their meal went inside the Chaupal to take rest. The acquitted accused, Bhikari and Nawab Singh, belonging to the barati party remained in the verandah of the house. The deceased ravindra Singh remarked probably as a joke that the dancers have become tired and, therefore, baratis could as well start dancing. Irked by this remark, some of the members of the barati party protested and it led to heated exchange of words and mutual abuses. At that stage, the acquitted accused exhorted the appellants to attack the persons of the group who were involved in the scuffle. It appears that the three appellants of the barati party were carrying arms which, we are told, was not unusual for the baratis to carry in those rural areas. Then, according to the prosecution case, the three appellants herein fired at Ravindra Singh and Mahendra singh and they died at the spot. Three other persons, namely, Dwarika Prasad, karua and Ujagar Singh also sustained injuries from the shots fired at them by the accused. Karua was examined as PW. 5. PW. 1, Nripendra Singh, brother of the deceased, lodged the report with the police on the same night.
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