S.K.AGARWAL, J. - (1.) THIS appeal was preferred by appellants Shamsher Singh, alias Nanahakji, Ram Chandra Singh, Nanhaku Mali, Devendra Singh and Nagesar Singh alias Lanu against their conviction under Sections 302/ 149, 201 and 148 I.P.C. All of them were sentenced to undergo R.I. for life under the first count and R.I. for 5 years and 2 years respectively under subsequent counts. All the sentences were to run concurrently. They were convicted and sentenced under the above charges by III Addl. Sessions Judge, Ballia on 30 -9 -1980 in Session Trial No. 174 of 1979.
(2.) THE allegations contained in the First Information Report are that Smt. Kamlawati is daughter of Smt. Deorati Kunwar and was living in Sheopur Diar with her to look after her as she had no male issue. Other sister was also married and was living with her husband at other place. The deceased was a widow being wife of late Harihar Singh. The appellants Shamsher Singh and Devendra Singh were neighbours of the deceased and the informant. They manipulated some sikmi entries of land of the deceased in their names and also in the names of their family members causing fracture in their relations. On, the date of occurrence, i.e. 28 -10 -1979, Deorati Kunwari alongwith her sister -in -law (Bhabhi) Kushalya Kunwari, wife of Triyugi Narain were present in the Dera of Raghav Saran Singh. They were intending to stay there during night. At about 9.00 P.M. after taking their meals they were lying on their cots. A lantern was burning in the southern palani. Ram Lakhan Yadav and Ayodhya Singh were also present in another palani with Raghav Saran Singh. No light was there. The appellants came in the Dera at this hour. Out of them Ram Chandra and Nageshar were armed with guns, Shamsher Singh and Devendra Singh were armed with country made pistols and appellant Nanhaku was armed with spear. Some oral altercation between the deceased and the appellants ensued regarding possession and allotment of her agricultural land. The deceased required the appellants to vacate her fields and threatened that otherwise it would be bad for them Devendra exhorted his companions in the following words Budhia would not allow them to live -in peace, let she be killed, it will benefit them. Thereupon Nageshar alias Lallu fired from his gun. An alarm was raised by Smt. Kaushalya Kunwari which attracted several persons to the spot of occurrence Shamsher Singh asked his colleagues to remove the dead body so that evidence of her murder can be liquidated. The accused persons had removed the dead body of Smt. Deorati Kunwari, Smt. Kaushalya Devi, P.W. 2 and Ram Lachan in order to save them selves ran away and concealed in the bushes. On the next day i.e. 29 -10 -1979 Ram Lachan Yadav. P.W. 3, managed to reach the informant Smt. Kamlawati Singh in the evening and revealed the entire incident to her. On this information she visited the spot on the same evening to ascertain the facts and thereafter prepared the report on the next day and lodged the Same at police outpost Shivpur Diar of police station Kotwali at 4.15 P.M. on 30 -10 -1978. Written report is Ex. Ka. 1. On the basis of the said report, check report Ex. Ka. 13 was prepared. It was thereafter sent to police station Kotwali on that very day at about 5.00 P.M. Copy of General Diary is Ex. Ka.15. This case was investigated by P.W. 10, Deena Nath Mishra, S.H.O. P.S. Kotwali. Defence has denied the charges. Shamsher Bahadur Singh has stated that Udai Narain is son -in -law of Mst. Deorati. He had removed his mother -in -law Deorati so that he can use the whole property. Devendra, Nageshar and Ram Chandra Singh, they have all pleaded their involvement due to enemity, Nanhaku has stated that Udai Narain Singh, son -in -law of the deceased has asked him to appear as a witness but he denied so he has been involved in the present case. They have not given any oral evidence.
(3.) WE have heard Sri Gajendra Pratap, learned Counsel for the appellants and also learned A. G.A. for the State.;