S.D.Khare, J. - (1.) These are two connected appeals, arising out of an order dated 28th February, 1962, passed by the learned Additional Sessions Judge, Varanasi, convicting all the seven appellants of both the connected appeals under Section 147 and Sections 302, 323 and 324 read with Section 149, I.P.C. and sentencing each of them to imprisonment for life under Section 302 read with Section 149, I.P.C. and for various terms of imprisonment, ranging from six months to two years, for the offences punishable under Sections 147, 323 and 324, I.P.C.
(2.) The prosecution case, briefly stated, is that there was a long standing enmity beginning from the year 1928, between the descendants of Shital Pathak on the one hand and those of Ajudhia Pathak, on the other. Shital Pathak and Ajudhia Pathak were real brothers, being the sons of one Hari Pathak, However from the year 1928 onwards the relations between their descendants became very much estranged. In the year 1928 Ram Chandra, descendant of Shital Pathak, instituted proceedings under Section 107, Cri. P.C. against Kalika, Ram Kishun, Ramu, Batuk, Baldeo, Sat Narain, Bindeswari and Srinath, all descendants of Ajudhia Pathak. An effort was made by the opposite parties to drag in the complainant's party also by making a request that proceedings under Section 107, Cri. P.C. be started against them also, and also by filing a criminal complaint against them. However, both their application and their complaint case were dismissed. In the year 1936 one Ram Bharosey was murdered and Srinath, Namwar and Baldeo (descendants of Ajudhia Pathak) figured as accused persons. Ram Chandra, one of the descendants of Shital Pathak, appeared as a prosecution witness against them. That case ended in the conviction of all the three accused persons. Again, in the year 1946 there was a civil suit in respect of a pokhari, which was ultimately compromised in the Court of appeal. In the same year there was a fight between the members of the two branches of the family of Hari Pathak, and Srinath, one of the descendants of Ajudhia Pathak, was killed. Ram Chandra, Bachai and Bikrama, all descendants of Shital Pathak, figured as accused persons in that case. Bikrama died during the pendency of the trial and Ram Chandra was acquitted. Bachai was, however, convicted and sentenced to five years' rigorous imprisonment. Again, in the year 1956 there was a dispute between the members of the two branches of the family regarding the property of Sm. Marchhi, a widow of one of the sons of Hari Pathak, who died issueless. Then, in the year 1901 Panchayat elections took place. Jangi Pathak, a descendant of Ajudhiya Pathak, was a candidate for the office of Sabhapati. Ram Chandra, one of the descendants of Shital Pathak, supported his rival candidate and Jangi was defeated.
(3.) From what has been stated above, it is clear that no love was lost between the members of the two branches of the family of Hari Pathak. It was in this context that on the 25th March, 1961, on Ram Naumi day when a Mela at Ashth-bhuja temple was held in village Hindwari and Lallan (deceased), a descendant of Shital Pathak, had gone to see the fair, Jangi Pathak, Namwar, Ramjit, Babau, Baldeo, Sat Narain, Shobh Nath. Kishun and Raja Ram (descendants of Ajudhia Pathak) went to the mela armed with gandasas, and spears and made a search for Lallan Pathak in order to cause his death. Information reached Lallan Pathak that a search was being made for him, and he quietly slipped away from the mela. He told his elders as to what had happened in the mela, but he was advised to keep quiet and not to go to the mela again. Lallan had, however, to relieve Ram Chandra, to keep night watch over his threshing-floor. He took his meals and proceeded towards the threshing-floor at about 10 p.m. As soon as he reached the field of one Hira Pathak all the seven appellants along with seven others, armed with one gun, three gandasas, three spears and several lathis, overtook Lallan and caused his death. On hearing the alarm raised by Lallan, Ram Chandra, Bachai, Babban and Parmatma (all the remaining descendants of Shital Pathak) reached the place' of occurrence. They too received injuries at the hands of the appellants and their companions.;