J.C.GUPTA, J. - (1.) Appellants, named above, have preferred this appeal against the judgment and order dated 23-3-1985 passed in Session Trial No. 107 of 1984 passed by Sri S.K. Pandey, the then Additional Session Judge, Ballia, whereby they have been convicted and sentenced to imprisonment for life under S. 320 read with S. 149 I.P.C. Appellants Raja Ram and Ram Nath have been further convicted and sentenced to undergo R.I. for one and half years each under S. 14 I.P.C. whereas all other appellants have been convicted and sentenced to one year R.I. each under S. 147 I.P.C. All the sentences are to run concurrently.
(2.) Abridged version of the posecution case is that the deceased of this case was Yadunath Chauhan. On 10-4-1984 he was going from his village Bankat to village Jagirsar for some work. When he was near the Government tube-well and the field ofBalchand, all the appellants surrounded him. Time was about 6.30 a.m. Appellants Raja Ram and Ram Nath were having 'spear' while all other had lathis. On exhortation of accused Ram Prasad, appellants Raja Ram and Ram Nath started assaulting Yadunath with spear and rest with the lathi. On the alarm raised by the victim, his son Babban Chauhan P.W.1, Ram Lal, Roop Narain P.W.3, Raghunath P.W.2, Kamal Nath and others were attracted to the scene of occurrence. Seeing the pressure being mounted with the arrival of witnesses accused persons ran away with their respective weapons.
(3.) Babban Chauhan P.W.1, son of the deceased, himself wrote down First Information Report Ex.Ka. 1 and carried the same along with victim Yadunath to P.S. Khejuri where F.I.R. was recorded and case was registered. A police constable was then directed to escrot injured to Government Hospital Kharsara. Finding the condition of Yadunath serious and alarming, the Medical officer of Kharsara Hospital referred Yadunath to District Hospital, Ballia. Accordingly Yadunath was removed to District Hospital, Ballia where he was declared dead.;