Vishnu Sahai, J. - (1.) Through this appeal, Badri, Ram Samujh, Jagat Narain, Jwala Prasad and Bachhu alias Bachhu Lai challenge the judgment and order dated 19.9.1981, passed by IIIrd Additional District and Sessions Judge, Barabanki, in Sessions Trial No. 305 of 1979, whereby they have been convicted and sentenced to imprisonment for life for the offence punishable under section 302/149, Indian Penal Code In addition, Bachhu alias Bachhu Lai and Jagat Narain have been convicted and sentenced to undergo two years' R.I. for the offence punishable under section 148 Indian Penal Code and Badri, Ram Samujh and Jwala Prasad to one year's R.I. for that punishable under section 147, Indian Penal Code The sentences have been directed to run concurrently.
(2.) Shortly stated, the prosecution case runs as under : Informant Sant Ram P.W. 1 is the real brother of the deceased Ram Udit. At the time of the incident, the informant, deceased Ram Udit, Siya Ram P.W. 2, Khushi Ram P.W. 3 and the five appellants, namely, Badri, Ram Samujh, Jagat Narain, Jwala Prasad and Bachhu alias Bachhu Lai were residing in village Kakraha, hamlet of Chhandwal, within the limits of police station Zaidpur, in district Barabanki. Appellants Badri, Ram Samujh and Jagat Narain are real brothers, being the sons of Laxman; appellant Jwala Prasad is the son of appellant Jagat Narain and appellant Bachhu alias Bachhu Lai is the associate of appellant Jagat Narain.
(3.) There was enmity between the appellants and the deceased. One and a half years prior to the incident, the appellants along with some others had assaulted the deceased Ram Udit. A case was registered against them which was pending at the time of the incident. The appellants wanted the deceased to file an affidavit in it and since he did not accede to their wish, they nursed ill-will against him.;