- (1.) Three accused namely, Durga Prasad Chand, Kripa Shanker Chand and Satya Narain Chand have come up in appeal to this Court under Section 374 Cr.P.C. against the judgment and order-dated 23.10.81 passed by II Additional Sessions Judge, Gorakhpur in ST. No. 7 of 1980 whereby the three appellants were convicted under Sections 148, 323,307 and 452 I.PC. all read with Section 149 of the Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of three years, one year, four years and three years respectively thereunder. All the sentences were directed to run concurrently.
(2.) Briefly stated, the facts of the prosecution case as revealed from the record were as under:- P.W. 1 Ganga Chand, son of Dulam Chand, is the informant. The accused are collaterals of the informant. The informant had four brothers Babu Ram Chand, Gulab Chand and Chunnu. The accused were very rich and influential persons. After death of Dulam Chand in the year 1966, Durga Prasad Chand deposited ten times of land revenue in respect of 0.23 acres Sirdari and got a fictitious sale deed executed. After having come to know this mischief, Ganga Chand filed an application for cancellation of Bhumidhari sanad and a civil suit for cancellation of the sale deed also. Ram Prakash, nephew of the informant, was killed by Durga Prasad Chand, Satya Narain Chand, Ram Rekha Chand and Ram Pratap Chand and they were facing trial in the court of Session. The parties were litigating in civil, revenue and criminal courts in the month of December, 1978. Consequently, the parties were having strained relations since long.
(3.) On 25.12.78 at about 11-30 P.M., the informant and his brother Babu Ram Chand were sleeping in the outer verandah. A lantern was burning there. Accused Durga Prasad Chand armed with a gun, Ram Pratap Chand armed with a country made pistol, Kripa Shanker Chand armed with a Pharsa, Suresh Chand armed with Akari, Satya Narain Chand, Lauhar Singh and Prahalad Singh who were having spears in their hands and Ram Rekha Chand armed with a lathi alongwith 10-12 persons armed with lathies arrived there after forming an unlawful assembly and in prosecution of the common object of that assembly, they assaulted Babu Ram mercilessly with spears and Akari and caused a number of injuries. The assailants used firearms also. Both brothers raised alarm which attracted co-villagers Jangi Chand, Rajendra Chand, Ram Pati Chand, Motivar Chand (P.W. 3), Ram Kishun Kahar, Dukkhi Chand and informant's son Ran Vijai Chand and his nephew Randhir Chand. The witnesses were flashing their troches. The informant was having a torch and they identified the assailants in the light of torches and lantern. Ganga Chand received lathi blows.;