P.N.Harkauli, J. - (1.) MARACHHU, Juthan, Roopa, Kavindra and Ramayan, appellants have come up in appeal against the judgment and order passed by the learned Sessions Judge Ghazipur convicting each of them under section 148 IPC and of two offences under section 302/149 IPC and sentencing them to one year's rigorous imprisonment on the first count and to imprisonment for life on each of the other two counts. All the sentences of the appellants were ordered to run concurrently.
(2.) IN this case two persons namely, Hari Ram and Rajendra have been murdered. Ramayan, appellant is the son of Musafir first cousin of Hari Ram, deceased. According to the prosecution the other four appellants belong to the group (Ghol) of Ramayan. A litigation was going on between Hari Ram, deceased, and Ramayan, appellant, and his father Musafir in respect of a field for about four or five years prior to the occurrence and the parties used to go to court in connection with that case. On one heariDg about two years prior to this occurrence Musafir went to Saidpur to attend the hearing of that case and thereafter he did not return home and disappeared. Ramayan, appellant suspected that Hari Ram and Rajendra, deceased, had murdered him and he lodged a report about that effect naming these two deceased as the accused. They were arrested by the police in connection with that case but were released on bail. So Ramayan, appellant, bore enmity against these two deceased. This enmity is said to be the cause of these murders. With regard to the occurrence it is alleged that on the night of 21/22-5-1980 Rajendra deceased, was sleeping inside the Kotha of his house along with his wife Smt. Kalawati (PW 2) and a one year old child. A Dhibri was burning inside this room as Smt. Kalawati was not well. His father Hari Ram deceased, was sleeping in the courtyard of his house. His wife Smt. Samdeiya (PW 1) was also sleeping in the same courtyard at a short distance from him. There were no shutters in the door of the court yard. At about 1 a. m. the five appellants and Bhikari, father of Marachhu, Roopa and Kavindra, appellants came inside the courtyard. At that time Marachhu and Juthan, appellants, were armed with ' Gandasas' Bhikhari was armed with a lathi and the remaining four appellants were armed with spears. On entering tie courtyard the appellants caught Hari Ram, deceased, and started beating him. Hari Ram, deceased and Smt. Kalawati and her daughters raised an alarm. In the meantime, Marachhu, Kavindra and Ramayan appellants, went inside the room where Rajendra, deceased, was sleeping. They caught him and tied him to the cot and thereafter assaulted him with their Gandasas and spears. Hearing the cries of the victims Nanhak, Sahdeo, Sheobaran, Chandip and others rushed to the place flashing torches. Thereupon the five appellants and Bhikhari ran away leaving the two deceased on the spot.
(3.) SMT. Samdeiya (PW 1) wife: of Hari Ram, deceased, lodged a report about this occurrence at police station Shadiabad, District Ghazipur which was at a distance of three miles from village Manihari where this occurrence took place at 5.30 a. m. the next morning. This report was lodged in the presence of the Investigating Officer' Sri Surya Bali Singh, Sub Inspector (PW 12). He recorded the statement of the informant at the police station and then proceeded to the spot. He found the body of Hari Ram, deceased lying in the courtyard and the body of Rajendra, deceased inside the room. He prepared the inquest reports of the two bodies and sent them for post mortem examination. The post mortem examination on the two bodies were performed by Dr. P. C. Tiwari (PW 4) on 22-5-1980 at 2 p. m. and 3 p. m. The doctor found the following injuries on the bodies : Injuries on the body of Hari Ram : 1. Incised wound 6 cm x 3 cm x cavity deep, small bowel loops lying outside abdomen, transversely placed 37 cm below right nipple. 2. Incised wound 5 cm x 2 cm cavity deep 4 cm inner to right nipple right chest. 3. Inside wound 4 cm x 1 cm x bone deep 11 cm above right eye brow on rightside of head. 4. Incised wound 1 cm x 0.5 cm x 0.5 cm outer part of left eye brow transversely placed. On internal examination the doctor found that the fourth and fifth right ribs were fractured, the pleura was punctured under injury no. 2 and the right lung was lacerated through and through. According to the doctor Hari Ram had died due to haemorrhage and shock as a result of the ante mortem injuries. Injuries on the body of Rajendra : 1. Incised wound 18 cm x 4 cm x cervical spine deep 4 cm above right clavicle encircling right side, front and half of left aide of neck upper part dividing muscles of the neck, vessles of both sides, nerves, oesophagus and trachea, just below thyroid cartilage (cut tkroat). 2. Incised wound 4 cm x 2 cm x cavity deep 11 cm below right nipple. 3. Abrasion 2 cm x 1 cm over right knee outer part. 4. Incised wound 4 cm x 2 cm x 5 cm above left elbow obliquely placed outer part. 5. Incised wound 4 cm x 2 cm cavity deep 12 cm below left niPPle. 6. Incised wound 3 cm x 2 cm dividing left speermatic card at the root of the penis. 7. Incised wound 1 cm x 0.5 cm x 1 cm, 5 cm above the left outer part. 8. Incised wound 3 cm x 0.5 cm x 1 cm, 4 cm below left wrist joint, palmer aspect, obliquely placed. 9. Incised wound 3 cm x 1 cm x 4 cm back of neck at its lower part. 10. Incised wound 2 cm x 1 cm x cavity deep 40 cm below injury no. 9 middle of trunk that to the right of mid line. 11. Incised wound 2 cm x 1 cm x cavity deep, 7 cm above and left injury no. 10. ;