M.C.JAIN, J. - (1.) IN Sessions Trial No. 536 of 1981, the accused respondents Virendra Singh, Bachchi Lal and Bachchi Lal's son Ashwani Kumar were acquitted on 27 -8 -1982 by Sri R.C. Awasthy, the then Sessions Judge, Fatehpur of the charges under Sections 302, 302/34 and 307/34 IPC. The State has preferred this appeal there against.
(2.) THE relevant facts may be stated shortly. The incident occurred on 6 -6 -1981 at about 11 a.m. in village Jaam, P.S. Dhata, District Fatehpur and the report was lodged the same day at 2 p.m. by Kunwar Bahadur Singh PW 4. The deceased was Kunwar Bahadur's son Mohan Lal and Sohan Lal - another son of Kunwar Bahadur sustained injuries. About seven biswas land of Kunwar Bahadur was encroached in the chak of accused Bachchilal's father Mahabir. About 1 -1/2 months before the incident, the lekhpal and other respectable persons of the village had got the same delivered to Sohanlal PW 2 who had sown Moong in it. A day before the present incident the three accused persons allegedly got the crop of Moong grazed by their cattle. Sohanlal and Mohanlal thereupon went to the field and asked the accused persons not to do so. They were threatened by the accused who challenged that they would see as to who could cultivate the land. On the fateful day and time, Mohanlal, Sohanlal PW 2 and their father Kunwar Bahadur PW 4 were carrying mud from a pond situate in the north of the place of occurrence to the vacant land near their house. When they were on one of such trips and had reached the public passage in front of the sitting room of Girja Shankar, the three accused persons armed with lathis reached there. Virendra Singh instigated the other accused and he himself gave an iron mounted lathi blow to Mohanlal. Ashwani Kumar and Bachchilal also gave one lathi blow each to Sohanlal. As a result, both Mohanlal and Sohanlal fell down. On the cries of their father Kunwar Bahadur, Sohanlal's niece Kamla Devi PW 3, Brij Mohan, Din Bandhu etc. reached the place of occurrence. On being challenged, the accused went away towards their homes. As a result of the injuries sustained by him, Mohanlal died at the spot. Kunwar Bahadur dictated a report of the occurrence to Maikulal and took the same to Police Outpost Dhata along with the dead -body of Mohanlal on a bullock cart and handed over the report there. From there, Sohanlal, who had accompanied his father, was sent to P.H.C. Dhata where his injuries were examined.
(3.) SOHANLAL was examined at P.H.C. Dhata the same day at 3 p.m. by Dr. Mehtab Singh PW 1. He found the following injuries on his person: (1) A lacerated wound 5 cm x 1/2 cm x scalp deep over middle and slightly right side of head 12 cm away from the root of right ear along with reddish contused margin and bleeding clot. (2) A lacerated wound 4 cm x 1/2 cm x scalp deep over front and right part of head 11 cm away from root of right ear along with contused margin and bleeding clot. ;