RAJ BEER SINGH,J. - (1.) These five appeals have been preferred against common judgment and order dated 09.02.2016 passed by learned Additional Sessions Judge, Court No. 3, Jaunpur in Session Trial No. 247 of 2001 (State v. Kamla and others), Crime No. 51 of 1994 under Sections 147, 302/149, 452/149, 307/149 of IPC, Police Station Pavara, District Jaunpur, whereby accused appellants Ram Janam, Ram Siromani, Ram Baran, Prasidh Narayan and Amrit Lal have been convicted under Sections 147, 452/149, 307/149 and 302/149 of IPC and they were sentenced as under: (i) 147 IPC - Two years rigorous imprisonment. (ii) 452/149 IPC - Five years rigorous imprisonment along with fine of Rs. 10,000/-. In default of payment of fine, they have to undergo one year additional imprisonment. (iii) 307/149 IPC - Ten years rigorous imprisonment along with fine of Rs.10,000/-. In default of payment of fine, they have to undergo one year additional imprisonment. (iv) 302/149 IPC - Imprisonment for life along with fine of Rs. 10,000/- under Section 302/149 of IPC. In default of payment of fine, they have to undergo one year additional imprisonment.
(2.) Alleged incident took place on 10.05.1994 at 10:30 pm at residential premises of complainant Lal ji, wherein Shiv Dhari, Vavna Devi, Bhola Nath, Munni Lal and Vijay Kumar have sustained injuries and later on, four injured persons namely, Shiv Dhari, Bhola Nath, Vijay Kumar and Munni Lal succumbed to injuries. According to prosecution version, marriage of complainant Lalji was solemnized only 4-5 days prior to the incident. In the marriage, one band party of complainant's village was hired against consideration of Rs. 600/-. After 'Barat' came back, Rs. 300/- were paid to the said band party and complainant's father has promised to pay remaining Rs. 300/- within 3-4 days, but the band party members were insisting to pay the same forthwith and they have threatened that they will realise the amount, whatever may be the way. Earlier, village Pradhan Prasidh Narayan, has also threatened the family of complainant that if they did not vacate the land, he would get them killed. Due to this enmity, on 10.05.1994 at 10:30 pm, accused appellant Prasidh Narayan along with accused-appellants Ram Baran Harijan, Ram Siromani, Amrit Lal, Ram Janam and deceased accused Kamala Mushar along with one more person, came at the house of complainant. There was light of lantern in courtyard. All the accused came at the door of house and started assaulting complainant and his family members with lathis and sticks. Complainant's maternal uncle Shiv Dhari, maternal aunt Vavna Devi, father Bhola Nath, maternal brother Munni Lal sustained serious injuries. Hearing noise, many persons have assembled there but accused persons have ran away after threatening the family of complainant.
(3.) Complainant Lalji (PW-1) reported the matter to police by submitting tehrir Ex. Ka-1 at police station. Consequently, the case was registered on 11.05.1994 at 02:30 hours, vide FIR exhibit ka-7.;