Pratyush Kumar, J. - (1.) The present appeal filed by six appellants is directed against judgment and order dated 21st August, 1981 passed by Sri R.P. Pandey, the then IInd Additional Sessions Judge, Faizabad in Sessions Trial No. 123 of 1980 State v/s. Sahebdeen alias Sardeen and five others under Ss. 147, 148, 302/149, 324/149, 323/149 IPC, P.S. Raje Sultanpur, District Faizabad whereby appellant Nos. 1,2 and 3 were convicted under Ss. 302/149, 324/149, 323/149 and 148 IPC and each were sentenced to undergo imprisonment for life, rigorous imprisonment for one year, rigorous imprisonment for six months and rigorous imprisonment for one year, respectively. The rest appellants were convicted under Ss. 302/149, 324/149, 323/149 and 147 IPC. They were sentenced to undergo imprisonment for life, imprisonment for one year, imprisonment for six months twice, respectively. All the sentences were directed to run concurrently.
(2.) Briefly stated the prosecution case in the hand may be summarized as under: - - "On 31st October, 1979 at 8.45 a.m. Ambika gave a written report at P.S. Raje Sultanpur stating therein that he and the accused party were pattidar and there was old enmity between them resulting in litigation. That day at 7.30 a.m. when his father Gurudeen was returning home after taking bath and he reached near the house of Sahabdeen, accused Sahabdeen, Jaut, Murli, Smt. Sudama, Km. Kevalpatti and Smt. Dasi armed with lathis, dandas, ballam, farsha and gandasa had surrounded his father with the intention to murder him and started to beat him. His father raised alarm, thereat Ramanand, Satai, Brijraj, Bhorai, he, his mother and sister -in -law reached there. In the scuffle his mother and sister -in -law also sustained injuries from lathis, dandas, farsha, ballam. He had come to the police station with his injured father and sister -in -law Hubraji. His father was brought on cot. His mother had sustained much injuries. She was lying on the spot. Accused persons could not be caught. They had run away."
(3.) At this report chick FIR was scribed. Case Crime No. 145 under Ss. 147, 148, 149, 323, 324 and 307 IPC was registered and entered into the report of general diary. Along with chitthi majroobi injured were sent for medical examination and treatment to PHC Jahangirganj. Investigation was entrusted to S.I. Nisha Nath Mishra who recorded the statements of injured first informant and one Ram Lakhan inspected the spot, took samples of blood stained and simple earth. At 3.15 p.m. at P.H.C. Jahangirganj injured Gurudeen died during the treatment. Autopsy on his dead body was performed. After concluding the investigation charge sheet was submitted against all the six accused persons.;