B. N. Katju, J. - (1.) BHAN Singh and Sadal Singh have 61ed Criminal Appeal No. 3161 of 1983 and Bada Singh. Arjun Singh and Vishnu Singh have filed Criminal Appeal No. 3162 of 1983 against the judgment of Additional Sessions Judge, Karvi (Banda) dated 17-12-1983 passed in S. T. No. 195 of 1980. All the appellants have been convicted under section 307/149 IPC and have been sentenced to eight years' R. I. and a fine of Rs. 2,000/-. In default of payment of fine, they have been ordered to undergo two years' R. I. Bada Singh, Arjun Singh and Vishnu Singh appellants have further been convicted under Section 302/149 and 148 IPC and have: been sentenced to death and three years' R. I. respectively. BHAN Singh and Sadal Singh appellants have further been convicted under sections 302/149 and 147 IPC and have been sentenced to life imprisonment and two years' R. I. respectively. All the sentences have been ordered to run concurrently.
(2.) BADA Singh, Arjun Singh. Vishnu Singh and Sadal Singh appellants are the sons of Bhan Singh appellant. All the appellants are residents of village Tarawan. Ram Krishna PW 1 is the son of Dwarka Prasad. Mahavir PW 2 is the brother of Dwarka Prasad. These two witnesses are also residents of village Tarawan. Bhagwan Din, Ram Saran alias Munni Lal and Badri Prasad deceased were also sons of Dwarka Prasad and resided in village Tarawan. The case of the prosecution, as unfolded by Mahabir PW 2, is that on the morning of 14-1-1980 he, Ram Krishna PW 1 and Bhagwan Din and Badri Prasad deceased went to scrape grass in their Barua Nala field in village Tarawan. On reaching the field at about 11.30 A. M. marks of a bullock-cart were seen across their field, in which Arkar was sown, as a result of which some of the crop had been damaged. While the aforesaid persons were scraping grass in the said field Bada Singh appellant came there at about 12 noon with his bullock-cart, in which a pumping set was kept. Mahabir stopped the said cart a few paces from the field and told Bada Singh appellant that he would not allow his cart to cross the field as damage had been caused to his crop by the cart earlier on that day. Bada Singh appellant left the cart and after covering a distance of about 15-20 paces shouted for his father and brothers, who were working in their field situated at a distance of about 150 paces from the field of the complainant. Shortly thereafter Arjun Singh and Vishnu Singh appellants armed with axes sand Bhan Singh and Sadal Singh appellant armed with Lathis came there. Bada Siniah appellant was armed with a Pharsa. Bada Singh and Vishnu Singh appellants assaulted Bhagwan Din deceased with the weapons with which they were armed, as a result of which he received injuries and fell down. When Badri Prasad deceased advanced towards the appellants he was assaulted by Bada Singh. Vishnu Singh, Arjun Singh and Sadal Singh appellants with the weapons with which they were armed and he also fell down on receiving injuries. Thereafter Ram Krishna PW 1 armed with a Lathi advanced towards the appellants and he was assaulted by Bada Singh, Arjun Singh and Vishnu Singh appellants with the weapons with which they were armed and he also fell down on receiving injuries. Ram Gopal PW 3 and Nanhku, who had arrived near the place of occurrence in the meantime, challenged the appellants. The appellants thereafter went away taking their cart with them. Bhagwan Din deceased was found dead and Badri Prasad deceased and Ram Krishna PW 1 were found unconscious by the witnesses after the appellants had left. Mahabir then proceeded from the Barua Nala field to his house to bring a bullock-cart. When he was at a distance of about one furlong from village Tarawan he heard the shout ' maro sale ko ye bacha jata hai ' and saw all the five appellants surrounding Ram Saran alias Munni Lal deceased and Bada Singh appellant gave him two blows with his pharsa in the field of Laxmi Lal. Mewa Lal and Kamta Prasad, who had reached the place of occurrence in the meantime, challenged the appellants and the appellants thereafter left their bullock-cart and ran towards the jungle. Ram Saran alias Munni Lal deceased was also found dead after the appellants had left.
(3.) MAHABIR took Ram Krishna PW 1 and Badri Prasad deceased to the Outpost Sheoram Pur of P. S. Karvi on bullock-cart and lodged the first information report at 2.20 P. M. on the same day 14-1-80, the distance of the Outpost from the place of occurrence being 4 kms. Badri Prasad deceased died at about 11-45 P. M. on the day of occurrence 14-1-1980 at the hospital at Sheorampur.;