Vishnu Sahai, J. - (1.) Through this appeal Rameshwar Prasad, Ram Murat, Ram Asrey, Dharam Raj, Nanhey Lal and Bharat Lal alias Bharthey Lal challenge the judgment and order dated 22.5.1986, passed by the IInd Additional Sessions Judge, Pratapgarh in Sessions Trial No. 179 of 1984 whereby they have been convicted and sentenced in the manner stated hereinafter: (i) Under section 147, I.P.C. to one year's R.I.; and (ii) Under section 302/149, I.P.C. to imprisonment for life. Sentences of appellants on both the counts have been ordered to run concurrently.
(2.) Shortly stated the prosecution case nuns as under: The informant Badlu (P.W. 1) is the uncle of two deceased persons, namely, Srinath and Chhedi alias Jagannath. At the time of incident, the informant, the deceased persons and the six appellants were residing in village Badlawan-ka-Purwa, hamlet of Barai within the limits of Police Station, Kunda in district Pratapgarh. At the said time Hari Lal (P.W. 3) was residing in village Mahmad Pur, which was also situated within the limits of Police Station, Kunda in district Pratapgarh.
(3.) There was enmity between Pancham (father of the two deceased persons) on one hand and the appellants on the other. At the instance of Pancham proceedings under section 107/116, Cr. P.C. were initiated against the appellants. In them the informant and his sons were arrayed as accused along with the appellants. The other side, namely, that of the deceased persons was also prosecuted under section 107/116, Cr. P.C. Two months prior to the incident the informant and others were acquitted in the said proceedings. Prior to the incident litigation in Consolidation Court took place between Pancham and the appellants. Some time before the incident Pancham filed a complaint against appellants Rameshwar and Nanhey. Prior to the incident Holi was lighted near the door of Pancham. Since there was danger to the house of Pancham being set on fire on account of it Pancham and some villagers were given land to light Holi at the outskirts of the village. This also incensed the appellants.;