, AIR1990 SC 1459 , 1990 (88 ) ALJ 415 , 1990 (27 ) ACC 483 , 1990 CriLJ1510 , 1990 (2 )Crimes584 (SC ), 1990 INSC 145 , JT1990 (2 )SC 596 , 1990 (2 )RCR(Criminal)304 , (1990 )3 SCC190 , [1990 ]2 SCR573 , ,MANU/SC/0284/1990
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MANU/SC/0284/1990
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 372-74 and 375-77 of 1987
Decided On: 20.04.1990
Appellants: Vijayee Singh and Ors. Vs. Respondent: State of U.P.
Hon'ble Judges/Coram:
S.R. Pandian, M. Fathima Beevi and K. Jayachandra Reddy ORDER
S.R. Pandian, J.
1. On 29.5.1981 at about 8 A.M. a grave rioting took place in the village of Tirro in Varanasi District. In the course of the said rioting two persons Mahendra Singh and Virendra Singh deceased Nos. 1 and 2 were killed and Vijay Narain Singh, P.W. 1, Uma Shankar Singh, P.W. 2 and one Kailash Singh received injuries. In respect of these offences 14 accused were tried under Sections 148 and 302 read with Section 149 I.P.C. Chirkut Singh, Accused No. 6 was tried for offence punishable under Section 307 I.P.C. for attempting to commit the murder of P.W. 1 and the remaining accused under Section 307 read with Section 149 I.P.C. for causing injuries to Uma Shankar Singh, P.W. 2 and Kailash Singh. It is alleged that the irate trial prosecution witnesses, deceased persons and the 6 accused belong to the same village. Since 1972 there have been disputes between these two rival groups. A number of cases were also pending in the courts. On the day of occurrence at 8 A.M. P.W. 1 went to his pumping set. P.W. 2 Uma Shankar Singh and his relation Kailash Singh were also at the pumping set. Deceased Nos. 1 and 2 were proceeding alongwith the rasta towards the pumping set for taking bath. When they reached near the Khandhar (old building) of Vijay Pratap Singh Accused No. 5 Lallan Singh exhorted the other accused who were all lying in wait to kill them. All the 14 accused emerged out of the Khandar. Out of them Accused Nos. 1, 3, 4 and 6 (accused Nos. are being referred to as arrayed before the trial court) were armed with guns and the rest were armed with lathis. They advanced towards deceased Nos. 1 and 2. Accused No........