ZAKI ULLAH KHAN, J. - (1.) THESE three appeals have been preferred by the appellants against the common judgment and order dated 18.10.1986 passed by III -Additional Sessions Judge, Hardoi, convicting the appellant -Shiv Pal under Section 148 I.P.C. and sentencing one year's rigorous imprisonment, further convicting him under Section 302 I.P.C. and sentencing to undergo for life imprisonment whereas remaining appellants have been convicted under Section 147 I.P.C. and sentenced to undergo one year's rigorous imprisonment each and also convicted under Section 302/149 I.P.C. and sentenced to undergo imprisonment for life. All the sentences were directed to run concurrently.
(2.) BRIEF facts giving rise to filing of appeals are in regard to an incident that occurred on 27.6.1982 at about 4.00 p.m. F.I.R. bearing number '60' was registered on 28.6.1982 at about 3.30 a.m. (intervening night of 27/28.6.1982) in Police Station Manjhila, Sub District Shahabad, District Hardoi, on the written complaint of Jhamman Lal S/o Heman Kachchi. Gist of the report made by Jhamman Lal, complainant, is that at about 4 p.m. the earlier evening Udai Ram S/o Surjan was cutting grass in the field of Dulle towards South of the village. Ram Kishan S/o Ram Narain was grazing his buffalo nearby. The buffalo of Ram Narain started grazing on the grass of Udai Ram, whereupon Udai Ram asked Ram Kishan not to allow the buffalo to eat grass. Ram Kishan, however, did not take his buffalo away and, thereafter, Udai Ram gave a slap to Ram Kishan. Ram Kishan informed about the incident at home. At about 7 p.m. Ram Narain raised objections in regard to the incident to Narpati S/o Jitta and also abused him. On account of abuses, even Narpati abused Ram Narain. Ram Narain went back. At about 10.30 p.m. Ram Narain S/o Puttu, Sumer S/o Dujja, Babu Ram S/o Gulab, Ram Nath, Thakuri, sons of Ujagar, residents of Village Kachchi, Shiv Pal S/o Dori Ahir, resident of Village, Husainpur, came. At that time, Thakuri was armed with lathi. These people sat on a cot lying under a Pakariya tree and asked Narpati as to why his grandson had given beatings to Ram Kishan. When an objection was raised in that regard with Narpati, Narpati abused. Upon this, Narpati called Surjan and said that altercation had taken place with the son of Surjan. Panchayat should be convened in his (grandson of Narpati) presence.
(3.) AFTER sometime, Surjan, accompanied by Jhumman Lal himself and my son Suresh also came. The night was moon -lit. However, wife of Narpati, Smt. Gaura, lit a Lantern. Thereafter, Panchayat proceedings started. Narpati said Ram Narain was substantially younger to him and yet had abused him. Upon so saying, Ram Narain got angry and started abusing Narpati. Both of them traded explicits and started fighting by holding each -other from the neck. Thereafter, Sumer, Babu Ram, Thakuri and Ram Nath also got up, caught Narpati and started pulling him and giving him fist blows, slaps and Thakuri started giving lathi blows to Narpati. Till that time, Shiv Pal kept in sitting. We intervened and started separating them. Thereafter, Shiv Pal also got up, went forward and fired with country made pistol, which hit Narpati on his chest. Thereafter, Shiv Pal fired from a close distance at Narpati, which hit Narpati and he fell down dead. Shiv Pal had fired on the shouting of Ram Narain. The accused thereafter escaped. Written report has been exhibited as Ex. Ka -2. After investigation and complete formalities charge sheet was submitted against the appellants.;