U.S.TRIPATHI, J. - (1.) THIS appeal has been directed against the judgment and order dated 7-12-1988 passed by 5th Additional Sessions Judge, Etawah in S.T. No. 228 of 1986 convicting the appellants Ram Adhin, Ram Naresh and Hari Om under S.147, S.307 read with S.149 and S.302 read with S.149, IPC and sentencing each of them one year R.I. under S.147, IPC, 5 years R.I. and fine of Rs. 1000/- under S.307 read with S.149, IPC and imprisonment for life under S.302, read with S.149, IPC and convicting the appellants Mulayam Singh, Mohar Singh and Dharam Pal Singh under S.148, S.307 read with S.149 and S.302 read with S.149, IPC and sentencing each of them one year R.I. under S.148, IPC , 5 years R.I. and fine of Rs. 1000/- under S.307 read with 149, IPC and imprisonment for life under S.302 read with S.149, IPC. All the substantive sentences were ordered to run concurrently.
(2.) THE prosecution story, briefly stated, was as under : - Appellants Mulayam Singh, Ram Adhin, Ram Naresh were real brothers while appellants Dharam Pal and Hari Om were real brothers. All the appellants were residents of village Jadopur, P.S. Arva Katra, district Etawah, Mahraj Singh (PW 3) , his brother Sahukar (PW 5), Tale Singh deceased and Suresh were also residents of the same village. On the morning of 1-9-1985 at about 7.30 am. Mahraj Singh (PW 3) his brothers Sahukar (PW 5), Tale Singh deceased Suresh Singh and Vijai Singh were working in their field. Tale Singh deceased was ploughing the field and others were repairing Mend. In the mean time appellants Mulayam Singh armed with spear and katta, Dharampal Singh armed with Dhariya and Hari Om, Ram Adhin and Ram Naresh armed with lathis came to the said field and started inflicting blows with their respective weapons on Mahraj Singh and others. On their alarm Suresh Singh, Ujagar Singh, Lal Bahadur, Chhotey Lal and Amar Singh came to the spot and on their challenge the appellants left the spot. Mahraj Singh (PW 3), Sahukar (PW 5), Tale Singh deceased and Suresh Singh sustained injuries.
(3.) MAHRAJ Singh (PW 3) got prepared report (Ext. Ka - 5) of the occurrence from one Shiv Raj Singh and went to police station Arva Katra along with injured persons where he lodged the report at 10.30 a.m. Chik FIR. (Ext - Ka - 1) was prepared by Constable Mizaji Lal (PW 1) who made an endorsement of the same at G. D. report (Ext. Ka - 2) and registered a case against the appellants under S.147, S.148, S.149, S.323, S.324 and S.307, IPC. The injured Mahraj Singh (PW 3), Tale Singh deceased, Sahukar (PW;