U.S.TRIPATHI, J. - (1.) THE above two appeals have been preferred against the judgement and order dated 24 -5 -1980 passed by IIIrd Additional Sessions Judge, Jaunpur in Sessions Trial No. 54 of 1978 convicting the appellants Rajendra (since dead), Deomani, Indramani, Chhabinath, Kashinath and Lakhan Bhar (since dead) under Section 302 read with 149 IPC and sentencing each of them to imprisonment for life, convicting above appellants under Sections 307 read with 149 IPC and sentencing each of them to undergo R.I. for a period of 5 years, convicting above appellants under Sections 324/149 IPC and sentencing each of them to undergo R.I. for a period of one year and further convicting them under Section 452 IPC and sentencing each of them to R.I. for a period of one year. The appellants Rajendra and Chhabinath were further convicted under Section 148 IPC and sentenced to one year R.I. each and appellants Deoman alias Deomani, Indramani, Kashinath and Lakhan Bhar were further convicted under Section 147 IPC and were sentenced to undergo R.I. for a period of six months. Accused respondent Amrit Lal was acquitted.
(2.) THE prosecution story, briefly stated, was that appellants Rajendra, Deomani and Indramani are real brothers. Appellants Lakhan and Kanhai accused (died during trial) were servants of appellant Rajendra, while appellants Chhabinath and accused Rambali (died during trial) were pattidars of Rajendra. Accused Amrit Lal was son of appellant Rajendra. All the appellants and accused persons as well as complainant Adya Prasad (PW1) were residents of same village. There was enmity between the parties regarding flow of Nabdan of appellant Rajendra. Altercations had taken place several times on account of it and relations between the parties were strained. On 4 -5 -1977 quarrel had taken place between the children of the parties. On account of above quarrel both the parties had assaulted each other. Cross reports were lodged from both the sides at the police station and criminal cases were pending. On the night of 14/15 -6 -1977 Adya Prasad (PW1) along with some other members of his family was sleeping on the roof of Baithaka. His brothers Taluka (PW3), Ram Anuj deceased, Smt. Durgawati (PW4), wife of Ram Anuj and other ladies of the family were sleeping inside the house. At about 00.30 in the night appellant Rajendra armed with Gandasa, Indramani armed with lathi, Deomani, Rambali and Lakhan armed with Lathis, Chhabinath and Amrit Lal armed with country made pistols and Kanhai armed with pistol and came to the main door of the house of Adya Prasad (PW1) and knocked the door. When the door was not opened, they broke open the door by a pipe of tube well. After breaking open the main door, the above appellants and accused persons entered into the house. Hearing the sound of breaking open of the door, Adya Prasad (PW1) came down of the roof, entered into the house and stood near the female house besides heap of fodder. There was electric light inside the house and Court yard. Appellant Rajendra exhorted that Taluka (PW3) be killed. Saying it, he inflicted Gandasa blow on Taluka, who raised alarm and ran to save his life. Hearing his alarm Ram Anuj deceased came out of the room to rescue him (Taluka). In the meantime, Rajendra appellant again exhorted and appellant Amrit Lal and Chhabinath fired on Ram Anuj with their pistols. Sustaining injuries Ram Anuj fell down in the Angan (Courtyard). When Taluka (PW3) tried to go inside the room, Kanhai fired pistol shot on him. Smt. Durgawati (PW5), wife of Ram Anuj tried to save her husband and Amrit Lal and Chhabinath fired on her. Appellant Kashinath and Deomani also inflicted Lathi blows on Taluka (PW3). The other accused had surrounded the ladies of the family. Hearing the cries Bindwasini (PW4) came to his roof and started throwing pieces of khaprail on the appellants. Amrit Lal and Chhabinath also fired on Bindwasini. When the villagers rushed to the spot, the appellants and accused persons ran away saying that they had killed two persons and their object had been fulfilled. Ram Anuj succumbed to his injuries.
(3.) ADYA Prasad (PW1) took the injuried Taluka (PW3) and Smt. Durgawati (PW5) as well as dead body of Ram Anuj to Nai Bazar, where Taluka was given first aid. Thereafter, a tractor was arranged and dead body of Ram Anuj as well as injured Taluka (PW3)and Smt. Durgawati (PW5) were taken to police station Rampur, where Adya Prasad (PW1) prepared a written report and lodged the same at the 5.30 a.m.;