MUKTESHWAR PRASAD, J. - (1.) TWO accused, Kolahal and Ram Chandi alias Chandi have preferred this appeal against the judgment and order dated 4 -11 -1981 passed by Sri Khem Karan, the then Additional Sessions Judge, Deoria in S.T. No. 275 of 1979. Accused Ram Chandi has been convicted under Sections 302 and 323/34 of Penal Code and was sentenced to undergo imprisonment for life and rigorous imprisonment for a period of two months respectively. Accused Kolahal has been convicted under Sections 302 and 323 both read with Section 34 of Penal Code and was sentenced to undergo imprisonment for life and rigorous imprisonment for two months respectively. The sentences passed against both the appellants were ordered to run concurrently.
(2.) BRIEFLY stated, the facts, which led to the trial of the appellants, are as under: There was a long standing enmity between the parties on account of several litigations in civil and criminal Courts. It was said that a murderous assault was made on Dr. Nehru Lal in the year 1971 by fire -arm and Ram Jatan, Ram Chandi, Kolahal and Dhunmun were prosecuted for committing the offence. Ultimately, accused Ram Jatan was convicted who happened to be the son of the sister of mother of accused Ram Chandi. The parties litigated in consolidation Courts also and as such, they were having strained relations since long.
(3.) DR . Nehru Lal (deceased) father of P.W. 1 Brijesh Kumar, the informant had his clinic in village Bakhara Bazar in the year 1979. P.W. 1 Brijesh Kumar used to sit in the clinic alongwith his father and assisted him. On 10 -8 -1979, Dr. Nehru Lal accompanied by his two sons, Brijesh Kumar and Brijendra Kumar was returning home from the aforesaid clinic. At about 7 p.m., the trio (father and sons) arrived near the culvert built towards east of village Harpur Police Station Gauri Bazar. When they reached near the sugar cane field of Sukai, they found four persons standing there. One of the assailants gave a lathi blow to Dr. Nehru Lal, as a result of which, he fell down. Accused Om Prakash exhorted his associates to kill Dr. Nehru Lal with bomb. Whereupon Ram Chandi burst hand grenades with a view to kill Dr. Nehru Lal. Dr. Nehru Lal was seriously injured and a number of witnesses including Ram Lakhan, Ramji, Khajanchi, Ram Raksha and Algoo arrived there and saw the incident. The sons and witnesses identified the assailants in the light of torches. Brijendra Kumar was also assaulted by lathi by one of the miscreants. The deceased disclosed the names of the assailants to all the witnesses. The informant and his brother identified the assailants. Looking to the critical condition of Dr. Nehru Lal, he was shifted to the District Combined Hospital, Deoria for treatment, where he succumbed to his injuries at about 10.00 p.m.;