- (1.) HEARD Sri M.C. Chaturvedi, learned counsel for the appellant nos. 2 and 3 and Sri Nikhil Chaturvedi, learned A.G.A. for the State.
(2.) THIS appeal has been filed against the judgment and order dated 16.3.1983 passed by Session Judge, Hamirpur in Session Trial No. 249 of 1982 convicting and sentencing the appellants under Section 304/34 I.P.C. to undergo rigorous imprisonment of seven years and further convicting and sentencing the appellants under Section 323/34 I.P.C. to undergo one year rigorous imprisonment. All the sentences ordered to be run concurrently.
(3.) THE appellant nos. 1 and 4, namely, Kashi Prasad and Rajendra have died during the pendency of appeal, hence their appeal have already been ordered to be abated by this Court vide order dated 9.12.2013. The prosecution case in brief is that before the instant occurrence dated 3.7.1981, accused Kashi Prasad had been litigating with his own nephew Ram Asrey in chakbandi and then the accused Kashi Prasad considered that Mahesh complainant of the case had been doing pairvi for Ram Asrey in that case against him with the result that he had been annoyed with him. It is said that at about the dusk time on 3.7.1981 when Mahesh complainant was returning back to his village from kutai station, the accused Kashi Prasad along with his three sons, Brij Behari, Rajendra and Brij Lal way laid him near the house of Kallu Gaderia in his village Khurahi, police station Ajnar and then all the accused assaulted him with lathis on that occasion, accused Kashi Prasad had also exhorted the co -accused to assault the complainant as he was very active in doing pairvi against him. The complainant then raised alarm with the result on which his brother Parmeshwari Dayal deceased another brother of Ram Kumar, a co -villager Ragvendra, a lady of his house -hold, namely Nauni dulhan and others were attracted to the spot of the occurrence in order to rescue him. The accused persons, however, also then assaulted with their lathis the said four persons to cause injuries to them, even fatal injuries to Parmeshwari Dayal. On that occasion some of the victims also wielded lathis in self defence. When some other villagers challenged the accused persons they ran away from the spot of the occurrence.;