J.C.GUPTA,J. - (1.) APPELLANTS in the four above referred appeals have been convicted and sentenced to imprisonment for life under Section 302 I.P.C. read with Section 149 I.P.C. each of them has been further convicted and sentenced to 3 years rigorous imprisonment under Section 148 I.P.C. Since all these appeals arise out of the same incident, they were heard together and are disposed of by this common judgment.
(2.) THE principal charge against the appellants and two acquitted accused Amar Singh and Govind Das was that on 4-8-1994 they formed an unlawful assembly and in prosecution of its common object committed the murders of Sukhiya and his two sons Murlidhar and Nandu, in the groundnut field of Sukhiya in village Richa within the area of police station Panwadi, District Mahoba at about 6 p.m. and they all were armed with kulhari (axe) excepting Govind Das, who carried a counry made pistol. Accused Narain and Radha Charan are cousin brothers. Accused Ravi Das and Jagdish are sons of accused Narain while accused Khalak Singh is son of accused Radha Charan. Accused Sewa is brother-in-law of accused Narain. Acquitted accused Govind Das is son of accused Sewa while other acquitted accused Amar Singh is said to be belonging to the family tree of accused Narain.
(3.) PROSECUTION story in brief was that the deceased Sukhiya and his sons deceased Murlidhar and Nandu were residing in village Richcha. Accused persons were also residing in the same village. About three years before the present occurrence, accused Narain had built a house near Adi Kumari Temple and had started tethering his cattle there. Two years thereafter Sukhiya had also built a cattle shed there and whenever he used to go to tie his cattle he was not being permitted by accused Narain. On this issue an incident had also occurred between Sukhiya and accused Narain about two months prior to the incident in question. Murlidhar was a Post-graduate and as Sukhiya was having more land than Narain the latter was feeling envy on account of the progress made by deceased and his family. It is alleged that in the evening of 3-8-94 Sukhiya with his two sons Murlidhar and Nandu and their wives Smt. Shyama P.W. 2 and Smt. Shanti Devi. P.W. 1 alongwith Kr. Maya daughter of Murlidhar and Balinder were doing Narai (process of removing weeds and resettling of soil) of ground-nut crop in the field of Sukhiya. Time was about 6 p.m. eight accused persons namely Narain, Ravi Das, Jagdish, Khalak Singh, Amar Singh, Radha Charan, Sewa and Govind Das suddenly arrived there. The first seven were armed with kulhari (axe) and Govind Das with a country-made pistol. As soon as they arrived Narain exhorted his companions to kill Sukhiya and others whereupon Govind Das fired from his country-made pistol upon Nandu, who alongwith Murlidhar and Sukhiya ran towards north to save their life but they were chased by the assailants and Nandu Sukhiya were killed in the field of Ches Ram while Murli Dhar was murdered in the field of Sarua. The accused persons threatened the villagers that if any one advanced towards them or reported the matter to police he would be met with the same fate like Sukhiya and his two sons.;