U.S.TRIPATHI, J. - (1.) THIS appeal has been directed against the judgment and order dated 10 -6 -1983 passed by 9th Additional Sessions Judge, Moradabad in Sessions Trial No. 570 of 1981 convicting appellant Mahesh under Section 302 I.P.C. and sentencing him to imprisonment for life and convicting appellants Ram Swarup, Harpal and Prahlad under Section 302 read with Sections 34, I.P.C. and 323 read with Section 34, I.P.C. and sentencing each of them to imprisonment for life under Section 302 read with 34, I.P.C. and to undergo R.I. for a period of one year under Section 323 read with Section 34, I.P.C. Both the sentences were ordered to run concurrently.
(2.) THE prosecution story, briefly stated, was as under: Appellant Ram Swarup and Koka, father of appellant Prahlad were real brothers and appellant Harpal was nephew (father's sister's son's son) and appellant Mahesh was grand -son of appellant Ram Swarup. Sheo Lal (P.W. 1), Sheo Nath Singh deceased and Dharam Singh were real brothers while Hari Om (P.W. 4) was son of Dharam Singh. Smt. Ramkali was wife of Dharam Singh. All the appellants and prosecution witnesses and deceased were residents of same village. On the afternoon of 10 -4 -1981 at about 3.00 p.m. Sheo Lal (P.W. 1), his brothers Dharam Singh and Sheo Nath deceased and nephew Hari Om (P.W. 4) were inside their house. They heard alarm outside their house and came out of their house. They saw that appellant Ram Swarup had caught hold hands of Smt. Ram Kali at Rahat (Persian wheel) of Koka and was saying that she was defaming his daughter Km. Mukhtiyari, Sheo Lal (P.W. 1) asked him to leave hands of his sister -in -law and told what was the matter. In the meantime appellants Harpal, Mahesh and Prahlad rushed there from northern side. Mahesh was having knife while others were having lathis. Ram Swarup was also having lathi. The appellants having lathis started causing injuries on Sheo Lal (P.W. 1) and others due to which Sheo Lal (P.W. 1) sustained injuries. On their alarm Babu Lal (P.W. 2), Mannu Singh (P.W. 3), Mool Chandra, Khem Singh, Onkar and Mohan came to the spot. Observing Marpeet, Sheo Nath deceased ran towards his 'Pathwara' (place of preparing cow dung cakes) towards south. The appellants chased him and Harpal and Prahlad caught him hold near 'Pathwara' and appellant Mahesh inflicted knife blows on him. Sheo Nath fell down and succumbed to his injuries. Sheo Lal (P.W. 1) and others apprehended Ram Swarup and other appellants ran away. Koka Singh, elder brother of Ram Swarup appellant came their and tried to rescue Ram Swarup but Sheo Lal (P.W. 1) and others made him run away by causing injuries.
(3.) SHEO Lal (P.W. 1) prepared report (Ext. Ka -1) on the spot and went to police outpost Dhanaura Mandi P.S. Bachhrau alongwith Ram Swarup appellant and injured Dharam Singh, Hari Om (P.W. 4) Onkar and Murari where he lodged report at 4.30 p.m.;