S.K.AGARWAL, J. - (1.) THIS appeal was filed by appellants Khushi Ram, Pati Ram and Makhan against their conviction under Section 302/34, 325/34 and 323/34 I.P.C. They were sentenced under the first count to life imprisonment, under the second count to 3 years and under the third count to 2 years R.I. There were 3 other accused who were tried alongwith them but they were acquitted. They are Balak Ram, Rameshwar and Khem Karan. All the sentences were to run concurrently.
(2.) THE story revolves round an inci­dent that occurred at 7.30 a.m. in village Mianpur Gautia situate on the western bank of the river Garra on 24-3-1979. At about 7.30 a.m. the deceased, informant and his grand son Hulasi Ram boarded the boat of Ram Dayal, P. W.2, to cross the river to go to their field. When the boat reached the western end of the abovesaid river and Baladin was about to tie the boat, the appellants and the acquitted accused per­sons, who were also on the boat, came down from the boat and as soon as the complainant party started to come down, Rameshwar who was armed with a gun stood up raising barrel of his gun towards the complainant party and exhorted his other companions, who were armed with Lathis, to kill Baladin grand father of Hulasi. As a consequence to it an assault was launched by his companions upon the victim. The deceased tried to protect him­self with the Kassi held by him but ul­timately hid himself underneath the planks of the boat. He was dragged out from there by the appellants and their acquitted companions. They, thereafter, assaulted him with Lathis till his death. The informant Nanhu and Hulasi Ram also tried to intervene but were to jump off the boat on being assaulted. As soon as Baladin died, the applicant took to their heels towards north-west. Nanhu and Hulasi came back to the boat a little later and examined the victim. He was dead. They left the dead-body in the custody of Ram Dayal, the boatman. They proceeded towards the police station which is about a mile and half from the spot of occurrence. Nanhu dictated his report to the constable clerk and put his thumb mark upon it. A case was registered and investigation was taken up by P.W. 6, Veer Pal Singh. After completing the initial formalities, he stood transferred to some other police station and investigation was concluded by P.W.5, S.I. Brijraj Singh. He submitted a charge-sheet against all the six nominated accused persons. As earlier stated, the present ap­pellants Khushiram, Patiram and Malkhan have been convicted being close­ly related to each other and also bore en­mity towards the deceased. While the other three namely Rameshwar, Balak Ram and Khem Karan have been ac­quitted by the Sessions Judge. Appellants pleaded not guilty. Out of them Khushi Ram denied his involve­ment in the offence and has claimed his involvement in the offence on account of animosity. Pali Ram claimed his involve­ment due to animosity on account of a false report lodged by Baladin in which he was acquitted. Makhan had also taken the same defence and claimed his involvement on account of enmity. All the 3 appellants are brothers being sons of Tilok.
(3.) THE prosecution had claimed that there are two parties in the village. Appel­lants had a party of theirs. Ram Dayal, Khem Karan and Balak Ram are members of this parly. The relations between deceased Baladin and the present appel­lants especially Khushi Ram were strained on account of lodging of a report against Khushi Ram by Baladin for stealing the parts from his pumping set. Baladin was using his pumping set on hire to earn money. The cost of stolen articles, accord­ing to the prosecution, was about Rs. 300/-. The deceased and the appellants were resi­dents of village Mianpur Gautia. This vil­lage situate on the eastern bank of river Garra and in the north-south of the village are their agricultural fields. All the people of this village were living in the western side of the river. They used to go to their fields by the boat. From the evidence it is apparent that the river had sufficient depth. Ram Dayal P.W. 2 was the boatman who used to run the Feri. The boat was sufficiently large in size and can take in 30 to 40 men at one time. The evidence of P.W. 2 clearly shows that this boat was pur­chased from finance provided by the villagemen. Ram Dayal, P.W. 2 was being appointed as boatman by the villagers. The boat apparently was a village property.;