- (1.) These appeals have been preferred against order of conviction and sentence dated 31-7-1980, passed by learned V. Addl. Sessions Judge, Allahabad, in S. T. No. 382 of 1978, State v. Sangam Lal Singh and Darlyeo Singh, through which Sangam Lal Singh has been convicted under Section 302 read with Section 109, I.P.C. and Dariyao Singh has been convicted under Section 302, I.P.C. and both of them have been sentenced to undergo life imprisonment.
(2.) We have heard Sri D.R. Chaudhary, learned counsel for the appellants and Sri G.S. Bisariya, learned A.G.A. for the State and have gone through the record.
(3.) According to prosecution one Raj Bahadur Singh resident of village Ganja, P. S. Pura Mufti, district Allahabad, lodged F.I.R. on 11-8-1978 at 7.30 p.m. against appellants, at police station Pure Mufti district Allahabad under Section 307, I.P.C. containing the fact that appellant Sangam Lal Singh had damaged the ridge of his field, hence, altercation of hot talk had taken place between Dhaukal Singh, father of Raj Bahadur Singh and sons of Sangam Lal Singh. The occurrence did take place on 11 -8-1978 at 9 a.m. Dhaukal Singh had gone to the residence of Sardawan Singh for Panchayat in this matter. There Chandra Bhan Singh, Narvada Singh and Tribhuwan Singh were also present. Sangam Lal Singh and Dariyao Singh came there and exchange of hot talk did take place on which Sangam Lal Singh made exhortation and Dariyao Singh caused injury with country made pistol to Dhaukal Singh, who fell down on the spot. Dariyao Singh ran away and Dhaukal Singh was brought to Medical College. Allahabad.;