Hemant Kumar Srivastava, J. - (1.) Both the above stated criminal appeals arise out of common judgment of conviction and sentence order dated 11.8.1994 passed by the learned Addl. Sessions Judge II, Ara in Sessions trial no. 149/1985 and accordingly, above stated criminal appeals are being disposed of by this common judgment.
(2.) Udwant Nagar P.S. case no. 122/1981 was registered on the basis of fardbeyan of PW6, namely, Sheo Mohan Ram who gave his statement to SI Devendra Prasad Sharma (PW8) on 15.11.1981 at about 7.30 a.m. at his home to this effect that on the same day at about 6 a.m., he was tying his cattle in front of his house, all of a sudden, appellants and other FIR named accused total 15 in number being armed with lethal weapons came there and encircled him. The aforesaid persons asked him not to go to Muhkiya otherwise, he would be killed. He made protest but appellant Jiut Ahir gave order to kill him and thereafter Khelari Ahir @ Raghunath Ahir hurled bhala blow casing injury on his left thigh and similarly, Mannu Ahir gave Danda blow causing injury on his head. The aforesaid persons after assaulting him proceeded towards the house of Mukhiya and reached near his house. The wife of FIR named accused Khelari Ahir called Mukhiya upon which he came out from his house and thereafter, appellant Ramadhar Ahir opened fire twice on him but Mukhiya fell down on the ground and thereafter, appellant Jiut Ahir gave farsa blow on his head and right hand. The above named persons assaulted Mukhiya with fists and slaps. Appellant Ramadhar Ahir took out match box from his pocket. The FIR named accused Daulatiya Devi was carrying kerosene oil in a Tina and she handed over the aforesaid tina to Ramadhar Ahir who climbed on the Chapar of Mukhiya and set his Chapar on fire. The aforesaid persons, while returning after committing the aforesaid occurrence, set the house of PW6 on fire. PW7, namely, Hazari Ram was also assaulted by Ramdev Ahir by means of bhala. The injured Mukhiya was being taken to hospital but when PW6 and others reached near Goriya Asthan, FIR named accused Chandrama Ahir and Baleshwar Ahir stopped them and Khalifa Ahir assaulted Gangu Ram by means of lathi as a result of which PW6 and others fled away from there out of fear leaving behind Mukhiya there. However, one Bharat Ram took Mukhiya to Ara hospital. The reason behind the alleged occurrence was the previous land dispute.
(3.) Pw8, Devendra Prasad Sharma, recorded the above stated fardbeyan of PW6 and took charge of investigation. In course of investigation, he inspected the place of occurrence, recorded the statements of witnesses and seized burn s but before completion of investigation, he handed over investigation to PW10, Rama Shankar Singh who submitted charge sheet against the appellants. Cognizance of the offences was taken and case was committed to the court of sessions, in usual way.;