U.K.VARMA, J. - (1.) THIS is an appeal against the judgment of Sri M. Lal, 111 Addl. Sessions Judge, Jaunpur dated 11.3.1978 convict­ing Ram Komal alias Komal, Daya Shanker and Ram Karan under Sees. 302/34 and 307/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life on the first court and to seven years rigorous imprisonment on the seven years the stipulation that the sentence shall run concurrently. The appellant Ram Karan died during the pendency of the appeal which has abated against him. The present appeal thus, is confined to the appellants Daya Shanker and Ram Komal.
(2.) THE fact that there was a 'marpeet' at 10.30 a.m. on 7.6.76 in village Allapur, police station Machchalishah District, Jaunpur, near the well to the south of which was the house of Ram Karan accused and to the west of which is the house of the informant Ram Mohan Tewari infromant is not disputed. It has also not been controverted that Ram Mohan had filed a suit for cancellation of the sale-deed in favour of the accused Vijay Shanker and there were also criminal cases going on between the parties at that time. The version of Ram Mohan with regard to the incident as contained in his first infor­mation report Ex. Ka.1 is that the accused Ram Komal alias Komal Ram Karan, Dauya Shanker, Vijay Shanker and Sadho armed with lathis and spear came to the house of the informant to assault him. He raised alarm which attracted Set Bahadur Singh and Dan Bahadur Singh. The above five accused started beating Set Bahadur and Dan Bahadur also as they tried to intervene. The witnesses Deeraj and Prahlad and many others had seen Ram Mohan informant and Set Bahadur and Dan Bahadur receiving the injuries. Set Bahadur on account of the several head injuries was nut likely to survive.
(3.) I his ease initially registered under Sees. 147/148 and 307 the Indian Penal Code. on the death of Set Bahadur was converted additionally into one under Sec. 302 of the Indian Penal Code. The injury and post-motem reports of Set Bahadur are Ex. Ka-7 and Ka-8 respectively. It follows therefore that he had sustained more than seven in juries above his neck and his right temporal, right parietal, left parietal and left temporal bones had been fractured. The total number of injuries inflicted on Set Bahadur had been noted to be thirteen in the post-mortem report and he was shown to have died on account of the head injuries.;