U. K. Varma, J. - (1.) THIS is an appeal against the judgment of Sri M. Lal, III Additional Sessions Judge, Jaunpur dated 11-3-78 convicting Ram Komal alias Komal, Daya Shanker and Ram Karan under sections 302/34 and 307/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life on the first count and to seven years rigorous imprisonment on the second with the stipulation that the sentences 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 Machchalishahr 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 informant 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, Daya 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 Deoraj 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 not likely to survive. This case initially registered under sections 147/148 and 307 of the Indian Penal Code, on the death of Set Bahadur was converted additionally into one under section 302 of the Indian Penal Code. The injury and post mortem reports of Set Bahadur are Exhibits Ka 7 and Ka 8 respectively. It follows therefrom that he had sustained more than seven injuries 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.
(3.) THE number of injuries of Dan Bahadur in his injury report Ex. Ka 5 recorded at 12.45 p.m. on 7-6-76 has been mentioned to be eight and the informant Ram Mohan in h'"s medical report Ex. Ka 6 has been pointed to have been inflicted two injuries. The weapons used in the assault on Set Bahadur, Dan Bahadur and Ram Mohan informant had been opined by the Medical Officers to be blunt objects.;