M. C. JAIN, J. ( 1 ) SIX persons, namely, Sita, Bandhan. Shyam Deo, Inarman, Hari Nath and Jagdhari were tried by the IV Additional Sessions Judge, Azamgarh in Sessions Trial No. 290 of 1979. By judgment and order dated 28-10-80, Bandhan was acquitted and the remaining five of them were convicted and sentenced to various terms. All of them were convicted and sentenced to life imprisonment under Section 302 I. P. C. read with Section 149 I. P. C. All of them were also convicted under Section 323 I. P. C. read with Sessions 149 I. P. C. and each of them was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 500. 00 for the said offence. In default of payment of fine, each of them was to undergo further rigorous imprisonment for three month. Out of fine, if realized, Rupees 500/- was ordered to be paid to Smt. Barsati and Rs. 250. 00 each to Sumiran and Smt. Phulwa (all injured of the felony) were to be paid. Accused Shyam Deo was also convicted under Section 148 I. P. C. and sentenced to one years rigorous imprisonment. The remaining four were convicted under Section 147 I. P. C. and sentenced to six months rigorous imprisonment each. All the substantive sentences were ordered to run concurrently. These five convicted accused-appellants preferred this appeal. Out of them, Shyam Deo and Jagdhari died during pendency of the appeal. As such, the appeal was ordered to abate as against them as per our order dated 14-10-1999. Therefore, presently we are concerned only with the accused-appellants Sita, Inarman and Hari Nath. Inarman and Hari Nath are the real brothers being the sons of Dalsingar. Sita is the son of Kumar. ( 2 ) IN this incident, one Kishore died and three others, namely, PW 1 Sumiran. PW 2 Smt. Barsati and PW 3 Phulwa Devi sustained injuries. The incident took place on 26-5-79 at about 10 A. M. in village Achalpar. Police Station Mubarakpur, District Azamgarh. The report was lodged at the Police Station by PW 1 Sumiran on 26-5-79 at 6. 07 P. M. The distance of Police Station from the place of occurrence was four miles. ( 3 ) THE salient feature of the prosecution case may be stated briefly. Police Station Mubarakpur, District Azamgarh. The report was lodged at the Police Station by PW 1 Sumiran on 26-5-79 at 6. 07 P. M. The distance of Police Station from the place of occurrence was four miles. ( 3 ) THE salient feature of the prosecution case may be stated briefly. The informant PW 1 Sumiran is the brother of the deceased, whereas PW 2 Smt. Barsati is the wife of deceased and PW 3 Phulwa Devi is his daughter. Kishore had planted sapling of lemon outside his house in the northern side. In between the night of 25/ 26/05/1975 some one uprooted it. At about 10 A. M. in the morning, his wife PW 2 Smt. Barsati detected it and she started cursing the persons who had done this mischief. Thereupon, the accused-appellant Sita came over there whose house was also situated in the same cluster. An altercation took place between him and PW 2 Smt. Barsati. He gave a call whereupon other accused-appellants reached there. Accused Bandhan (Acquitted) had a spear and Shyam Deo had a Gandasa. The rest had Lathis in their hands. Sita had a lathi with him from the very beginning. All of them assaulted PW 1 Sumiran, PW 2 Smt. Barsati and her daughter PW 3 Phulwa Devi. On their hue and cry, several persons reached there. Kishores son Phoolbadan intervened. The accused persons attempted to attack him also. He took to his heels but was chased. Kishore happened to meet the accused in the way. then they chased Kishore for some distance, overtook him and assaulted him. He sustained serious injuries and became unconscious. Finding an opportunity. PW 1 Sumiran managed to reach the Police Station where he lodged the F. I. R. A case was registered and investigation started. Kishore happened to die in the District Hospital, Azamgarh at 12. 15 A. M. The following night, the injuries of all the injured were medically examined. PW 6 Dr. S. D. P. Gupta examined the injuries of Kishore on 26-5-79 at 8. 30 P. M. The following injuries were found on his person as per injury report Ext. Ka-5 : 1. Lacerated wound 10 cm x 2. 5 cm x bone deep right forearm backside 4 cm above right wrist joint. 2. Lacerated wound 8 cm x 1. 5 cm x bone deep left side top of head 9 cm above left ear. Ka-5 : 1. Lacerated wound 10 cm x 2. 5 cm x bone deep right forearm backside 4 cm above right wrist joint. 2. Lacerated wound 8 cm x 1. 5 cm x bone deep left side top of head 9 cm above left ear. 3. Traumatic swelling 9 cm x 6 cm top of head middle part. ( 4 ) MULTIPLE abrasion in area 30 cm x 8 cm on back of left forearm. ( 5 ) ABRADED contusion with traumatic swelling in area 11 cm x 9 cm top of right shoulder. ( 6 ) TRAUMATIC swelling extending from right knee to right ankle anterior aspect. 4. All his injuries had been caused by some blunt object and were about half day old. His general condition was low and serious. As per testimony of the Doctor, his injury No. 2 also appeared to have been caused by some blunt object but he inadvertently mentioned the same as sharp object injury in his report. To be short, as per the opinion of the Doctor, all his injuries were of blunt object such as of lathi. 5. The same Doctor had medically examined Smt. Phulwa also on 26-5-79 at 10. 30 p. m. As per her injury report Ext. Ka-6 the following injuries were found on her person : 1. Lacerated wound 5 cm x 0. 5 cm x scalp deep left side head 9 cm above left ear. 2. Contused traumatic swelling 10 cm x 5 cm on back of lower part of right forearm and wrist. 3. Multiple abrasion in an area 7 cm x 4 cm on left side lower part of neck. These injuries were simple and were about half day old. The same had been caused by blunt object like lathi. 6. The injuries of Smt. Barsati were examined on 27-5-79 at 11 a. m. by PW 4 Dr. R. R. Rai. As per her injury report Ext. Ka-4, the following injuries were found on her person : 1. Abrasion 1 cm x 1 cm on back of left forearm upper part. 2. Contusion 1 cm x 1 cm on right side back medial middle part. She also complained of pain on several parts of her body, but no visible mark of injury was found. The injuries were about one day old. These injuries were also of blunt object. Abrasion 1 cm x 1 cm on back of left forearm upper part. 2. Contusion 1 cm x 1 cm on right side back medial middle part. She also complained of pain on several parts of her body, but no visible mark of injury was found. The injuries were about one day old. These injuries were also of blunt object. ( 7 ) THE same Doctor had medically examined Sumiran also on 27-5-79. The following injuries were found on his person : 1. Contusion 5 cm x 2 cm on outer upper part of left upper arm. 2. Contusion 6 cm x 2 cm on back of right upper arm upper part. 3. Contusion 13 cm x 2 cm on back right side upper part. 4. Multiple abrasions in area of 9 cm x 1 cm on right side back middle part. 5. Abrasion 3 cm x 1 cm on right axillary line 5 cm below right axilla. 6. Abrasion 1. 5 cm x 1 cm right illiac over abdomen. 7. Lacerated wound 1 cm x 1/2 cm x skin deep on posterior aspect upper part of left forearm with swelling 8 cm x 4 cm around the wound. The injuries were about one day old, though he inadvertently omitted the time of his examination in the injury report Ext. Ka-3. ( 8 ) IT may also be related here that consequent upon the death of Kishore, his inquest report was prepared by PW 7 S. I. Raj Nath Gautam. After completion of necessary formalities and preparation of requisite documents, his dead body was sent for post-mortem which was conducted on 27-5-79 at 4. 45 p. m. by PW 4 Dr. R. R. Rai. The following ante-mortem injuries were found on his person as per post-mortem report Ext. Ka-2 : 1. Lacerated wound 10 cm x 2. 5 cm x bone deep on the forearm posterior aspect 4 cm above right wrist. 2. Lacerated wound 8 cm x 11/2 cm x bone deep on head 9 cm above left ear. 3. Contusion with swelling 4. 5 cm x 6 cm on top of head middle part. 4. Multiple abrasions in area of 30 cm x 8. 5 cm on back of left forearm. 5. Abraded contusion 10. 5 cm x 8 cm on top of right shoulder. 6. Abraded contusion on front left knee, left leg and left ankle. 7. 3. Contusion with swelling 4. 5 cm x 6 cm on top of head middle part. 4. Multiple abrasions in area of 30 cm x 8. 5 cm on back of left forearm. 5. Abraded contusion 10. 5 cm x 8 cm on top of right shoulder. 6. Abraded contusion on front left knee, left leg and left ankle. 7. Abraded contusion 4 cm x 4 cm on right side chest, front middle. ( 9 ) ON internal examination, the right parietal bone was found fractured and clotted blood was present. The brain membranes were congested. The death had resulted due to coma owing to head injury. ( 10 ) ON conclusion of investigation, the police booked all the six accused named in the F. I. R. for trial. ( 11 ) THE defence of the accused-appellants was of denial. In the cross-examination of PW 1 Sumiran it was suggested to him that Kishore and other male members of his family were of bad character. In the preceding night, a dacoity was committed in his house, in which all the persons on the prosecution side received injuries. After having been injured, Kishore ran for his safety and fell down in Chauhans Purwa. For PW 1 Sumiran himself also, it was suggested that he too had run away from his house after receiving injuries in the dacoity. ( 12 ) AT the trial, the prosecution examined nine witnesses besides relying on documentary evidence. Out of them, PW 1 informant Sumiran, PW 2 Smt. Barsati, PW 3 Phulwa Devi and PW 5 Hardev were examined as eye-witnesses. PW 5 Hardev turned hostile. So, practically PW 1 Sumiran, PW 2 Smt. Barsati and PW 3 Phulwa Devi were the eye-witnesses who supported the prosecution case. They were injured also of this felony. The remaining witnesses were two Doctors, Investigating Officer and formal witnesses. ( 13 ) THE learned Sessions Judge found the case to be the doubtful as against Bandhan who was about 60 years of age and gave the benefit of doubt to him. He was accordingly acquitted. The case was found proved as against the remaining five accused persons who were convicted and sentenced as stated earlier. Two of them, namely, Shyam Deo and Jagdhari having died during the pendency of the appeal. The appeal survives so far as the remaining three accused-appellants Sita, Inarman and Hari Nath are concerned. He was accordingly acquitted. The case was found proved as against the remaining five accused persons who were convicted and sentenced as stated earlier. Two of them, namely, Shyam Deo and Jagdhari having died during the pendency of the appeal. The appeal survives so far as the remaining three accused-appellants Sita, Inarman and Hari Nath are concerned. ( 14 ) WE have heard Sri S. K. Mishra, learned counsel for the accused-appellants in support of the appeal and learned A. G. A. in opposition thereof from the side of the State. We have also carefully gone through the evidence and record of the case. The submissions of the learned counsel for the accused-appellants are three-fold: First, the first information report was lodged after inordinate delay. Second, Kishore was a person of criminal antecedents and so was the background of his sons. Third, the testimony of interested eye-witnesses could not be believed without corroboration from independent sources. We propose to examine the worth of these arguments one by one in the succeeding discussion. ( 15 ) TRUE, the incident took place at about 10 a. m. on 26-5-79 and the F. I. R. was lodged by PW 1 Sumiran (brother of the deceased) at the concerned Police Station at 6. 07 p. m. and the distance of the Police Station was four miles. But it should be pointed out that mere delay in lodging the F. I. R. does not and cannot adversely affect the prosecution in every case. Justification put forth for late lodging of the F. I. R. has to be judicially viewed as to whether it is acceptable or not. In the case at hand, the plausible and pertinent explanation has been given by PW 1 Sumiran as to why the F. I. R. could not be lodged earlier. Really speaking reason for the late lodging of the F. I. R. is contained in the F. I. R. itself that the accused were waiting on the way. He stated in his testimony also before the Court that when Kishore fell down after receiving injuries and became unconscious, the accused persons still kept him surrounding and he managed to escape. Till 3 or 4 O clock in the afternoon he concealed himself in Shihi village in the house of one Collector and then somehow managed to reach the Police Station. Till 3 or 4 O clock in the afternoon he concealed himself in Shihi village in the house of one Collector and then somehow managed to reach the Police Station. The report had been got written by him in the market of Mubarakpur by a person which he took to the Police Station. This explanation furnished by PW 1 Sumiran is convincing and acceptable that for the fear of accused persons he could not lodge the F. I. R. earlier. The things have to be visualized from this right angle that in this felony the accused persons caused injuries to as many as four persons of the same family, out of whom two were ladies. One of the male injured (Kishore) happened to die also the same night owing to the injuries sustained by him at the hands of the accused-appellants. During the course of incident, Phoolbadan (son of Kishore) had tried to intervene but the accused persons attempted to attack him also and chased him, who ran away for the safety of his life. The accused persons had seemingly created an atmosphere of fear and were keeping on guard for hours after the commission of this crime to ensure that none could dare to go to lodge the F. I. R. At long last, PW 1 Sumiran somehow managed to come out of his hiding to reach the Police Station to lodge the F. I. R. in the evening. Therefore, we are of the view that the delay in lodging of the F. I. R. stands very well explained and it does not at all adversely affect the prosecution case. ( 16 ) COMING to the second argument of the learned counsel for the accused-appellants as to the criminal antecedents of the deceased Kishore and his sons, it is doubtless that the deceased and his sons had questionable background. PW 1 Sumiran admitted in his cross-examination that Kishore and his sons Sarvdeo, Phoolbadan and Subhash were the accused in a case of dacoity with murder that had taken place at the house of Beman Yadav in Morkhapur. He also candidly admitted that a dacoity had also taken place at the house of Puranmasi and he was murdered in that incident. Kishore deceased and his three abovenamed sons were the accused of that dacoity too. He also candidly admitted that a dacoity had also taken place at the house of Puranmasi and he was murdered in that incident. Kishore deceased and his three abovenamed sons were the accused of that dacoity too. But it spells beyond comprehension as to how could such criminal background of Kishore deceased and his three sons have any bearing on the present case. The simple fact that the deceased and his sons were accused in some dacoity cases could not and did not mean that he had his family members had lost their rights as citizens or human beings and they could be assaulted or even killed at the fancy of any one. Each case in which they were accused was to be decided on its own merits. Therefore, the criminal background of the deceased Kishore and his sons does not justify the throwing away of the prosecution case over board. The result is that the second submission of the learned counsel for the accused-appellants made in support of the appeal also does not hold water and does not commend itself for acceptance. It is accordingly rejected. ( 17 ) NOW we take up the third argument of the learned counsel for the accused-appellants, levelling wholesome criticism against the testimony delivered by PW 1 Sumiran, PW 2 Smt. Barsati and PW 3 Phulwa Devi. It has been urged that in the F. I. R. Hardeo, Jhunkhalni and several others were cited as witnesses. It has been pointed out that only one of them, namely, PW 5 Hardev was examined but he did not support the prosecution case. This factum and non-examination of other independent eye-witnesses has been harped upon to emphasize that there is no corroboration of the testimony of PW 1 Sumiran, PW 2 Smt. Barsati and PW 3 Phulwa Devi by independent sources. True, PW 5 Hardev pleaded ignorance about this incident, saying that he was not present at that time, having gone to his SASURAL. But it is also to be kept in mind that the prosecution is not required to multiply evidence. It is the quality of the evidence, and not the quantity, that matters. The prosecution case is to be tested on the reliability or otherwise of the evidence adduced in the Court, and not negatively on the premise of non-examination of other witnesses. It is the quality of the evidence, and not the quantity, that matters. The prosecution case is to be tested on the reliability or otherwise of the evidence adduced in the Court, and not negatively on the premise of non-examination of other witnesses. So, the situation boils down to this that the trustworthiness of PW 1 Sumiran, PW 2 Smt. Barsati and PW 3 Phulwa Devi is to be tested. All these eye-witnesses have supported the prosecution case in its main substratum as regards the time and place of occurrence as also about its manner, participants and the weapons wielded by them. ( 18 ) THERE is another strong circumstances lending credence to their testimonial assertions that all of them are the victims of the felony and are themselves injured. They are emphatic and consistent in their version that the accused-appellants, namely, Sita, Inarman and Hari Nath had wielded lathis. All these eye-witnesses including the deceased sustained injuries of blunt weapons such as of lathis, wielded by the three accused-appellants. All the three had been subjected to the lengthy and searching cross-examination but the core of their testimony as regards crucial aspects of the matter could not be displaced. Their testimonial assertions find corroboration from that medical evidence too. It is also clear from the medical evidence that all these witnesses including deceased Kishore could have received injuries in question at about 10 a. m. on 26-5-79, which, according to the prosecution, was the time of incident. The presence of all the eye-witnesses at the spot was very natural. The origin of the incident was that a sapling of lemon planted by Kishore in the northern side of his house had been uprooted in the preceding night and on detecting it, his wife PW 2 Smt. Barsati had started cursing the person who had done this michief. Thereupon the accused-appellant Sita had come over there with lathi. An altercation had taken place between two. Sitas house was just in the eastern side at a distance of 20 paces (as shown in the site plan prepared by the Investigating Officer) from the place of the uprooting of the lemon sapling which was only 14 or 15 paces away in the northern side of the house of Kishore. PW 1 Sumiran resided with Kishore deceased in the same Bakhari (tenament ). PW 1 Sumiran resided with Kishore deceased in the same Bakhari (tenament ). Therefore, it was quite natural and usual that he and Phulwa daughter of Kishore were attracted to the scene where altercation was taking place between Sita and Barsati. The three eye-witnesses are uniform in their testimony that Sita had even damaged a mango plant sown by Kishore. The other accused-appellants had appeared at the call given by Sita and they had assaulted PW 1 Sumiran, PW 2 Smt. Barsati and PW 3 Phulwa Devi. It is clinchingly established by the testimony of three eye-witnesses. It is also well explained through testimony of the three eye-witnesses as to how Kishore became the prey. When Phool Badan son of Kishore also appeared at the scene, the accused-appellants chased him. Though he managed to escape, but Kishore, who was coming from the western side after selling milk, fell in the hands of the accused-appellants and their companions. They chased him to a certain distance and rained lathi blows on him, rendering him unconscious. Learned counsel for the accused-appellants took us through the entire testimony of these three eye-witnesses, but we do not locate any such infirmity which could create dent in their testimonial assertions or could render the testimony of any of them doubtful. The learned counsel for the accused-appellants pointed out that PW 3 Phulwa Devi stated in her cross-examination that it was at about 4o clock in the morning that she and her mother had gone out of her house and had seen that the sapling of lemon had been uprooted. She went on to say that her mother uttered abuses whereupon the accused Sita came over there. In our opinion, the time of 4o clock in the morning was seemingly stated by her under some mistake, or the rustic illiterate lady, as PW 3 Phulwa Devi was, happened to say so under the stress of cross-examination. We may point out that in her examination-in-chief she clearly stated that the incident had taken place at about 10 a. m. There could hardly be any occasion for her or her mother to come out of the house at about 4 a. m. and to have detected the uprooting of the lemon plant at that time. We may point out that in her examination-in-chief she clearly stated that the incident had taken place at about 10 a. m. There could hardly be any occasion for her or her mother to come out of the house at about 4 a. m. and to have detected the uprooting of the lemon plant at that time. Therefore, the accused appellants cannot gain any point by overstressing a truncated sentence from the testimony of PW 3 Phulwa Devi, divorcing the same from the test of her testimony. On a critical analysis we find ourselves in the agreement with the learned Sessions Judge that three eye-witnesses were perfectly believable despite the fact that they were interested persons. ( 19 ) WE should also record that the defence version of dacoity as surfaced from the suggestion made to PW 1 Sumiran has rightly been discarded by learned Additional Sessions Judge. There was no physical evidence of any dacoity in the preceding night at the house of Kishore. There was no trailing of blood in between the house of Kishore and the spot (shown by letter d) where Kishore had fallen down unconscious on receiving injuries. Of course, the blood was found there at point d by the Investigating Officer. Otherwise also, it was no better than a cock and bull story that on receiving injuries in dacoity Kishore would have run from his house up to a distance of about one furlong. It should be stated for the sake of clarity that distance between point d (where Kishore had fallen down on receiving injuries) was about one furlong from the spot where the incident had originally started. Such a distance of one furlong has been mentioned by the Investigating Officer in the site plan. Had a dacoity been committed, in natural and usual course, the report would have been made in that regard. If at all, PW 1 Sumiran intended to falsely implicate the accused-appellants and their associates, he could have easily done so by naming them as participants in the incident of dacoity. It is inherently improbable that the main incident of dacoity would have been given up with a completely twisted account of the incident. It may also not be out of place to mention here that PW 1 Sumiran could not at all have any motive to falsely implicate the accused-appellants. It is inherently improbable that the main incident of dacoity would have been given up with a completely twisted account of the incident. It may also not be out of place to mention here that PW 1 Sumiran could not at all have any motive to falsely implicate the accused-appellants. So far as he was concerned, he had no criminal background either. Accused-appellants Inarman and Hari Nath are the sons of Dalsingar. It has come in the testimony of PW 1 Sumiran that agricultural litigation between Kishore and Dalsingar had come to an end seven years back. The simple fact that bitterness continued between the families of the two could not be a sufficient motive for PW 1 Sumiran to concoct a false case against the accused-appellants and his companions. Minor discords amongst certain residents of the village for real or fancied reasons are common and essence of rural life. ( 20 ) TO come to the point, our view tuned by the voice of evidence on record is that three accused-appellants Sita, Inarman and Hari Nath did participate in this incident with two others Shyam Deo and Jagdhari (since dead ). Learned trial Judge rightly gave benefit of doubt to the accused Bandhan. Ignoring him too, the three accused-appellants with two others (Shyam Deo and Jagdhari) formed an unlawful assembly, in the prosecution of the common object of which the present offence was committed. The three accused-appellants were armed with lathis. Therefore, so far as the offence of rioting is concerned, they are guilty under Section 147, I. P. C. The injuries caused to PW 1 Sumiran, PW 2 Smt. Barsati and PW 3 Phulwa Devi were simple which come within the purview of Section 323, I. P. C. read with Section 149, I. P. C. ( 21 ) THERE remains consideration of this aspect of the matter as to what offence the accused-appellants committed in cutting short the life of Kishore. All the injuries sustained by him were also of blunt weapons such as lathis wielding by the accused-appellants. But we are of the opinion that the accused-appellants and their companions did not have the intention to kill him. We note from the testimony of PW 1 Sumiran that he stated that the accused kept Kishore surrounding even after he had fallen down unconscious on receiving injuries. But we are of the opinion that the accused-appellants and their companions did not have the intention to kill him. We note from the testimony of PW 1 Sumiran that he stated that the accused kept Kishore surrounding even after he had fallen down unconscious on receiving injuries. In case the accused-appellants intended to kill him, they could have easily done so by further assaulting him after he had fallen down unconscious. So, the intention to kill was not there. It is also to be taken note of that there was no premeditation. The incident originated all of sudden. On taking holistic view, we are of the opinion that the accused-appellants committed offence of culpable homicide not amounting to murder. A number of lathi blows were inflicted on Kishore, including on his head (vital part ). His death also occurred due to head injury. In other words, head of Kishore (vital part) had been aimed at and chosen as target for inflicting injuries. The accused-appellants have to be imputed with the knowledge that their such act was likely to cause death of the victim Kishore. All of them were acting in prosecution of the object of unlawful assembly that they had formed with two others (Shyam Deo and Jagdhari since deceased ). We conclude that the case of the accused-appellants is covered under Section 304, I. P. C. Part II and they are liable to be convicted for the said offence read with Section 149, I. P. C. so far as the death of Kishore caused by them is concerned. We are also in judgment that seven years rigorous imprisonment to each of them for the said offence would meet the ends of justice. We are also in judgment that seven years rigorous imprisonment to each of them for the said offence would meet the ends of justice. ( 22 ) TO terminate the discussion and for the reasons mentioned hereinabove, we partly allow the appeal and modify the sentences of the accused-appellants as under : ( 23 ) EACH of the accused-appellants-Sita, Inarman and Hari Nath is convicted under Section 304, Part II read with Section 149, I. P. C. Section 147, I. P. C. and Section 323, I. P. C. read with Section 149, I. P. C. Each of them is sentenced to undergo seven years rigorous imprisonment for the offence punishable under Part II of Section 304, I. P. C. read with Section 149, I. P. C. six months rigorous imprisonment under Section 147, I. P. C. and six months rigorous imprisonment and a fine of Rs. 500. 00 under Section 323, I. P. C. read with Section 149, I. P. C. In default of payment of fine, each of them shall undergo further rigorous imprisonment for three months. If the amount of fine is realized, Rs. 500. 00 shall be paid to PW 2 Smt. Barsati, Rs. 250. 00 to PW 1 Sumiran and Rs. 250. 00 to PW 3 Phulwa Devi. The remaining amount of Rs. 500. 00 shall go to the State exchequer. All the substantive sentences shall run concurrently. ( 24 ) THE appeal has abated in respect of accused-appellants Shyam Deo and Jag-dhari because of their death. ( 25 ) THE accused-appellants Sita, Inarman and Hari Nath are presently in jail. They shall serve out the sentences awarded to them. ( 26 ) LET a copy of this judgment along with record of the case be immediately sent to the Court below for needful compliance under intimation to this Court within fifteen days from the date of the receipt. Order accordingly. .