S.K. Gupta, Om Prakash -VII, JJ. - (1.) This criminal appeal has been preferred by the accused -appellants against the judgment and order dated 14.9.1982 passed by Sri R.C. Gupta -IInd Additional District and Sessions Judge, Mirzapur in Session Trial No. 154 of 1979 convicting and sentencing the appellant Shree Ram alias Jhannan Tiwari for the offences punishable under Sec. 148, I.P.C. to undergo one year rigorous imprisonment, under Sec. 302, I.P.C. to undergo life imprisonment, for the offence under Sec. 324, I.P.C. read with Sec. 149, I.P.C. to undergo one year rigorous imprisonment and for the offence under Sec. 323, I.P.C. read with Sec. 149, I.P.C. to undergo six months rigorous imprisonment (5 Counts) and other appellants, namely, Parashuram Tiwari s/o. Hanuman Tiwari, Rajendra Prasad alias Bachha Bhaiya s/o. Bheekam Tiwari and Ramraj Tiwari s/o. Nand Gopal Tiwari for the offence under Sec. 147, I.P.C. six months rigorous imprisonment, under Sec. 302 read with Sec. 149, I.P.C. to undergo life imprisonment, for the offence under Sec. 324, I.P.C. read with Sec. 149, I.P.C. to undergo one year rigorous imprisonment and for the offence under Sec. 323, I.P.C. read with Sec. 149, I.P.C. to undergo six months rigorous imprisonment (5 Counts). All the sentences of all the four accused persons have been directed to run concurrently. At the outset, it is relevant to mention here that during the pendency of this appeal, the appellant No. 2 - Parashuram and appellant No. 4 Ramraj Tiwari have died. Accordingly, vide order dated 22.10.2008, this Court has abated the appeal as against the appellant No. 2 Parashuram and appellant No. 4 Ramraj Tiwari.
(2.) Now, we are proceeding to consider the present appeal in respect of the remaining appellants, namely, appellant No. 1 Shree Ram and appellant No. 3 Rajendra Prasad alias Bachha Bhaiya.
(3.) The facts of the case, as unfolded by the informant Vijay Shanker Pandey s/o. Haridas Pandey in the written report Ext. Ka -1, are that some civil dispute regarding the house property was going on between Vijay Shanker Pandey first informant and his family members on the one hand and Parashuram Tiwari (since died) and other accused on the other hand. The first informant Vijay Shanker Pandey and his father Haridas Pandey were doing service at Calcutta and they had come to the village to do pairvi in the said case. On the previous date fixed in aforementioned case, accused -appellant Parashuram Tiwari (since died) had applied for (tried to obtain) the stay order but could not get the order as it was strongly opposed by the informant side. On 25.8.1978 in the noon when the informant Vijay Shanker Pandey and his father Haridas Pandey were ready to leave for Calcutta, the accused -appellant No. 2 Parashuram Tiwari (since died), appellant No. 1 Sri Ram and appellant No. 3 Rajendra Prasad alias Bachha Bhaiya s/o. Bheekham Tiwari armed with lathi and ballam arrived at the door throwing the brickbats and started beating the first informant Vijay Shanker Pandey and his father Haridas Pandey with lathis and ballam (spear). Harishankar Pandey, Chhamashankar (the brother of the informant), Tejbali Pandey (uncle) and Smt. Bimla Devi (mother of the informant) rushed there for their rescue. They were also beaten by the aforementioned accused. People belonging to informant side in order to save their lives entered into their house and closed the door from inside. Parshuram and other accused remained surrounding his house throwing brickbats (dhelaa). When the neighbours reached there and objected them, the accused ran away from the scene. The informant and his family members remained inside the house due to fear till the arrival of the police at the scene. Condition of the father of the informant became very critical as accused had beaten him with the intention to kill. The informant had given the written report (Ex. Ka -1) to the police present on the spot.;