GUCHUN MISIR AND 13 ORS Vs. STATE
LAWS(ALL)-1956-10-42
HIGH COURT OF ALLAHABAD
Decided on October 01,1956

Guchun Misir And 13 Ors Appellant
VERSUS
STATE Respondents


Referred Judgements :-

MAHINDER SINGH V. THE STATE [REFERRED]


JUDGEMENT

- (1.)These are two appeals from judgment and order of the learned Sessions Judge of Gorakhpur, dated 20-11-1955. One, which is appeal No. 1804 of 1955, is by the 14 men Guchun Misir, Shivraj Misir, Ram Avadh; Palakdhari, Ram Nawal, Bire alias Birbal, Deoki, Jiau, Jattan, Bishwanath son of Ram Baran Referred to hereinafter as Bishwanath I), Prahlad, Mahatam, Murti and Brijbhushan, and the other, which is appeal No. 1805 of 1955, by the two men Bishwanath son of Sitararn (referred to hereinafter as Bishwanath II) and Narbadeshwar.
(2.)Guchun and Shivraj have been convicted under Section 302, IPC and sentenced to death while the remaining; 14 have been convicted under Section 302, read with Section 149, IPC, and each of them has been sentenced to imprisonment for life. All the 16 Appellants have been further convicted under Sections. 435, 324 and 323, read with Section 149 IPC. and under Sections. 148 and 379, IPC, and each of them has been sentenced on these accounts to rigorous imprisonment for 2 years 1 years, 6 months, 2 years and 1 year respectively. Ten others tried along with the Appellants were acquitted. The record is also before us for confirmation of the sentences of death.
(3.)The Appellants belong to seven villages situate within a radius of 6 miles from Madanpura, the village of occurrence. Guchun, Shivraj and Narbadeshwar, who are brothers belong to Rudrapur. Palakdhari, Ram Nawal, Deoki, Prahlad, Mahatam, Murti and Brijbhushan belong to Madanpura. Of these Ram Nawal is a brother of Murti and Prahlad a brother of Brijbhushan. Bire and Bishwanath I are residents of Sahulakhor, the former being an uncle of the latter Ram Avadh is a resident of Sonari. Jiau of Mandhari, Jatan of Majgawan and Bishw Nath II of Garaina.


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