S.B.SINHA, J. - (1.) APPELLANTS are before us questioning the correctness of a judgment and order of a Division Bench of the High Court of Judicature at Allahabad dated 4th April, 2005 affirming a judgment and order dated 23rd December, 1997 passed by the 1st Additional Sessions Judge, Meerut convicting the appellants herein under Sections 302 read with Section 149 of the Indian Penal Code and Sections 148 and 323/149 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for three months respectively. The sentences were, however, directed to run concurrently.
(2.) APPELLANTS, the deceased and the prosecution witnesses are agnates being descendants of one Badan Singh. The genealogical chart of the family is as under :- JUDGEMENT_293_JT3_2009Image1.jpg Enmity between the two parties was a long standing one. It started with murder of one Laxman brother of Tilak Ram (A-1) and father of Danshai (A-6) as well as Dalbir (A-5). Jagbandhan (deceased No.1), father of Arun and Anirudh alongwith 10 other persons were prosecuted therefor. Jagbandhan (deceased No.1), Dhum Singh (PW-7) and Gandhari wife of Ajab Singh (PW-6) were convicted, but others were acquitted in that case. However, the High Court on an appeal preferred by the said four persons acquitted them. Proceedings under Sections 107/117 of the Code of Criminal Procedure had also been initiated by and against both the parties.
(3.) THE incident in question took place on 27th November, 1997 at about 11.00 a.m. According to the first information report which was lodged by Suresh Chandra (PW-1), at about 10.00 a.m. he alongwith his cousin Jagbandhan (deceased No.1) and brother- in-law Ajab Singh were working in their fields. Tilak Ram, Satbir, Vakil and Lekhpal were also ploughing their field. At that time, they started cutting soil from the ridge of their field to which Jagbandhan objected. To this the accused persons started abusing him. Randhir (deceased No.2) intervened. Tilak Ram (A-1) and his three sons Satbir (A-4); Valil (A-2) and Lekhpal (A-3) left the field extending threats. THEy returned with Dalbir (A-5) ; Danshai (A-6) and Harvir (A-7). Accused Tilak Ram, Dalbir and Harvir were armed with ballam ; Vakil and Lekhpal were armed with Balkan and Satbir and Danshai were armed with Bhala. Deceased No.1 Jagnandhan was smoking a 'Hukka' at that time. He was assaulted by the accused persons in presence of Suresh Chandra (PW-1), Mithan (PW-5) and Ajab Singh (PW-6). PW-5, Mithan is also an injured eye witness.;