- (1.) The present appeal is directed against the judgment and order dated 21 st March, 2006 of the High Court of Judicature at Allahabad, Lucknow Bench, which had partially accepted the appeal by acquitting the accused persons of the offence under Section 323 read with Section 34 of the Indian Penal Code, 1860 (hereafter, 'IPC'), but affirmed the imposition of life imprisonment for the offence under Section 302 read with Section 34, IPC asawarded by the learned trial court vide its judgment dated 6 th January, 1982. The trial court had found the four accused Ram Dutt (now dead), Thakur Prasad, Mano Dutt and Ram Narain guilty of an offence under Section 302, read with Section 34, IPC and also offence under Section 323, read with Section 34, IPC and had awarded them life imprisonment for the first offence and a fine of Rs.1,000/- for the second, in default of which, to undergo rigorous imprisonment for three months.
(2.) This is a case where the incident, on 22 nd October, 1977, which resulted in the death of Siya Ram, is admitted between the parties. The primary question that falls for determination is, as to which of the parties was the aggressor, besides determining the merits of the contentions raised on behalf of the appellant. Before noticing the prosecution version, we may notice that in the present case, six accused were charged and tried for an offence under Sections 302 and 323, both read with Section 34 IPC. Learned trial court, vide its judgment dated 6 th January, 1982 had acquitted accused Sher Bahadur and Jagdish, while it convicted Ram Dutt, Thakur Prasad, Mano Dutt and Ram Narain for both the afore- stated offences. During the pendency of the appeal before the High Court, Ram Dutt died and the Court convicted the other accused vide its judgment under appeal.
(3.) Thakur Prasad had filed a separate appeal challenging the said judgment of the High Court, being SLP (Crl.) No.3929 of 2006 titled Thakur Prasad v. State of U.P. which came to be dismissed by order of this Court dated 18 th August, 2006. In other words, the conviction of the accused Thakur Prasad under Section 302 read with Section 34 IPC attained finality. However, vide the same order, this Court granted leave to appeal in the case of Mano Dutt and Ram Narain. This is how the present appeal has come up for final hearing before us.;