Pratyush Kumar, J. - (1.) THE instant criminal appeal, filed by the accused -appellants, is directed against the judgment and order dated 19.09.1981 passed by Sri S.K. Verma, III Additional Sessions Judge, Gonda passed in Sessions Trial No. 164 of 1979 [State v. Ram Raj Singh and six others] whereby the accused -appellants were convicted and ordered the following sentences to all the seven appellants: ":2 years RI under Section 147 I.P.C. :2 years RI under Section 328 I.P.C. :Life imprisonment U/s 302/149 I.P.C. Jaswant Singh :2 years RI U/s 148 I.P.C. too Kamal Singh :"
(2.) IN the appeal the prosecution case is that on 29.03.1979 at about 7.00 PM when the first informant Sadhuram Bhat went to the house of the Jaswant Singh to make a complaint about the grazing of his wheat crop by the she buffaloes of Jaswant Singh, on that Jaswant Singh became annoyed and he alongwith Ram Raj Singh, Naresh Singh, Kamal Singh, Chandra Pal Singh, Chhatrapal Singh, Pateshwari Singh armed with Lathis, Ballam and Farsa chased him and near the field of Ram Dularey assaulted him, when he raised hue and cry, Chhotey Lal Murao, Ram Chhabiley, Ram Abhilakh, mother of the first informant, his brother Puttu Lal, Prem, Ram Jage, Ram Pheran and others reached there to rescue him, on that the accused persons also started to beat them. In the marpeet his brother Puttu Lal, his mother, Ram Chhbiley sustained injuries. Meanwhile due to old enmity, they struck Lathis, Ballams and Farsas' blows on Chhotey Lal Murao to murder him, he sustained serious injuries and his condition was bad. The accused persons were of the same family. On this written report Exhibit Ka -8 dated 30.03.1979 at 7.20 AM Case Crime No. 18 of 1979, under Sections 147, 148, 149, 323, 324, 327 I.P.C. was registered at Police Station Lalia, District Gonda (presently district Balrampur). Chik FIR exhibit Ka -11 was scribed. Relevant entry in the General Diary was made. Injured were medically examined. Investigation was started. During the treatment in the early morning of 31.03.1979 at Shivpura Hospital at 3.50 AM injured Chhotey Lal Murao succumbed to his injuries. Section 302 I.P.C. was also added with the Sections already charged.
(3.) On the dead body of Chhotey Lal Murao inquest proceedings were conducted. Autopsy was performed. After completion of investigation charge -sheet was submitted against all the seven accused persons.;