- (1.) MUKTESHWAR Prasad, J. Five accused Jawahar, Chhakauri Nankhoo, Ram Nath and Ram Chandra have filed this appeal against the judgment and order dated 7-8-1981 passed by Sri D. C. Srivastava, the then Additional Sessions Judge, Gyanpur, Varanasi whereby he convicted Jawahar under Sections 148, 302 and 323/149 IPC and sentenced him to suffer rigorous imprisonment for a period of one and half years, imprisonment for life and six months rigorous imprisonment respectively thereunder. The remaining four accused were convicted under Sections 147, 323 and 302/149 I P. C. and were sentenced to undergo rigorous imprisonment for a period of one year, six months and imprisonment for life respectively. All the sentences of five accused were directed to run concurrently.
(2.) THE relevant facts of the case leading to the trial of the appellants are as under: Accused Jawahar and Chhakauri are sons of accused Ram Nath. P. W. 8 Smt. Lalti Devi is wife of P. W. 6 Lalmani. The parties are residents of village Prakashpur, P. S. Bhadohi. On 26-3-1979 at about 9-00 a. m. Smt. Lalti Devi accompanied by Smt. Vidhya wife of P. W. 4 Chhabinath, had gone to collect grass in the fields for the cattle. Accused Nankhoo, son of Munni Lal and Jawahar, son of Ram Nath, arrived there, passed indecent remarks and caught hands of Smt. Lalti Devi. She complained to her husband Lalmani in the night at about 9-30 p. m.
(3.) NEXT day i. e on 27-3-1979. Nannkhoo was coming towards house of Lalmani. He lodged protest regarding behaviour with his wife and slapped him twice. Nankhoo returned home and Lalmani went for weaving of carpet. This incident caused annoyance to Nankhoo, Jawahar and other members of his family. On the same day at about 7-00 p. m. Mithai Lal alongwith Lalmani Hriday Narain, Chhabinath and Bajranji were sitting at the door of Hriday Narain and were talking to each other. In the meantime. Jawahar armed with a ballam and the remaining four accused, named above, having lathies in their hands arrived there. They exhorted each other that all were available at one place and they had a golden chance to kill them and teach a lesson. Accused Jawahar struck his ballam in the chest of Hriday Narain who sustained grievous injuries and the remaining four accused wielded the lathies and caused injuries to Lalmani and Chhabinath. Thereafter, Mithai Lal and others picked up lathi-danda and female members of the family raised alarm and intervened. Jawahar and others sustained injuries in the course of incident. On the alarm raised, a number of villagers arrived there and saw the incident. Jawahar and others took to their heels. Lalmani and Chhabinath sustained injuries and Hriday Narain succumbed to his injuries on the spot.;