Vishnu Sahai, J. - (1.) This appeal has been preferred by Ram Ratan, Swami Nath, Shiv Baran, Mano Ram, Ram Bachan alias Om Prakash, Sobha Ram and Ram Pyarey against the judgment and order dated 23.3.1990, passed by Ist Additional Sessions Judge, Faizabad, in Sessions Trial No. 318 of 1987, whereby they have been convicted and sentenced, in the manner, stated hereinafter: (I) Under section 302/149, Indian Penal Code to imprisonment for life and to pay a fine of Rs. 1,000/- each in default to undergo six months R.I.; (II) Under section 307/149, Indian Penal Code to five years' R.I. and to pay a fine of Rs. 500/- each, in default to undergo five months' R.I.; (III) Under section 325/149, Indian Penal Code to three years' R.I. and to pay a fine of Rs. 300/- each, in default to undergo three months' R.I.; and (IV) Under section 323/149, Indian Penal Code to three months' R.I. In addition, Ram Ratan and Swami Nath have been convicted for the offence punishable under section 148 Indian Penal Code and sentenced to undergo two years R.I. and to pay a fine of Rs. 200/- each, in default to undergo two months R.I. and' Shiv Baran, Mano Ram, Ram Piyare, Ram Bachan alias Om Prakash and Shobha Ram for the offence punishable under section 147 Indian Penal Code to one years R.I. and to pay a fine of Rs. 100 each, in default to undergo one month's R.I. The sentences, on all the counts, have been directed to run concurrently.
(2.) Shortly stated, the prosecution case runs as under: Informant Mata Prasad P.W. 1, Smt. Kamla Devi P.W. 2, deceased Haunshila Prasad, Shiv Ram (not examined) and the seven appellants, namely, Ram Ratan, Swami Nath, Shiv Baran, Mano Ram, Ram Bachan alias Om Prakash, Sobha Ram and Ram Pyarey, at the time of incident, were living in village Sahjauna, hamlet of Sindhora within the limits of police station Inayat Nagar, in district Faizabad. The informant and the victims on one hand and the appellants on the other are inter-related. Appellants Ram Pyarey, Shiv Baran and informant Mata Prasad were real brothers of deceased Haunshila Prasad. Appellants Sobha Ram and Mano Ram are the sons of appellant Ram Pyarey. Appellant Swami Nath is the son of appellant Sobha Ram. Appellants Ram Pyarey, Shiv Ram, Mano Ram and Swami Nath, at the time of incident, were residing in the same house. Appellants Ram Ratan and Ram Bachan alias Om Prakash are the sons of appellant Shiv Baran and at the time of incident were residing with him.
(3.) In the division of ancestral property between informant and the deceased on one hand the appellants on the other, the eastern portion of the house along with the appurtenant open land was given to the informant and Haunshila Prasad and northern portion along with the appurtenant open land in the same house was given to the appellants Shiv Baran and Ram Pyarey. However, Shiv Baran and Ram Pyarey wanted to take possession of the open land appurtenant to the portion of the informant and Haunshila Prasad. On account of this, relations between them and the informant and Haunshila Prasad became strained. Proceedings under sections 107/116, Cr. P.C. also took place between them.;