- (1.) THE two appeals, described above, arise out of a common incident, which took place on 18-6-1974, at noon in the agricultural area of Village Bichaila, Police Station Jaitpur, District Faizabad.
(2.) IN Criminal Appeal No. 392 of 1978, the F. I. R. was lodged by Barsati Ram on 18-6-1974 at 2. 20 p. m. stating that adjoining towards the west of his Plot No. 585/3 of that village is the field to accused Ambika Singh and at noon time on that day his cousin brother Banshi Ram, his brother Phool Chand and his father, Ram Khelawan were casting manure in Plot No. 585/3, whereupon accused Ambika Singh, carrying a country-made pistol, his son Uma, carrying a gun, Ram Pratap, the Sarhoo of Ambika Singh and the latter's tubewell mechanic, Jagdamba and Tatsat, all armed with Lathis, arrived and said that 3-4 Laththas of the land in the western side belonged to them and that Banshi Ram etc. must not cast manure in that area. When Barasati Ram etc. asked Ambika Singh and others to get the measurements done, assuring that Banshi Ram etc. would leave so much of the area as might fall in the plot of Ambika Singh and others, Ambika Singh, hurling abuses, fired three shots from his country-made pistol. Banshi Ram fell down injured. IN the meantime, Barsati Ram, Ram Sumer, Sheo Bheekh, Hari Lal and others arrived. The accused attacked Ram Khelawan, Phool Chand with Lathis and ran away. On the basis of this report a check report was prepared against Ambika Singh and others, including Tatsat, for oifences under Sections 307, 147, 148 and 323, I. P. C. In Criminal Appeal No. 522 of 1978 Ambika Singh lodged a report at same police station on the same day at 5 p. m. , stating that at about noon time Ram Khelawan and other members of his family were casting manure by encroaching into his Plot Nos. 585 and 589, whereupon he and Ram Pratap asked them not to throw manure there. It was added that a litigation between the two sides had already taken place in respect of that very field, but on his protest Ram Khelawan and other started abusing him and when he remonstrat ed for hurling abuses, Ram Khelawan and his son Phool Chand with Lathis, Nanhu with spear, Banshi Ram with a brick, started attacking them, while Barsati Ram fired with his country- made pistol. In the meantime, Udai Bhan Singh reached there and Ram Khelawan etc. ran away. On the basis of that report another Check Report was prepared against Ram Khelawan, Phool Chand, Nanhu, Bansi Ram and Barsati Ram for offences punishable under Sections 323/324, 147, 148 and 337, I. P. C. In course of time the F. I. R. ofbasrati Ram led to Sessions Trial No. 166 of 1975, in which Tatsat was not sent up for trial; the charge-sheet was only against Ambika Singh and four others. The F. I. R. of Ambika Singh led to Sessions Trial No. 232 of 1977.
(3.) IN Sessions Trial No. 166 of 1975 Ambika Singh, Uma and Ram Pratap and Jagdamba were convicted for offences under Section 307 read with Section 149, I. P. C. and under Section 147, I. P. C. and were sentenced to undergo rigorous imprisonment for 7 years and 1 year respectively. IN addition, Ambika, Singh and Uma were convicted for offence under Section 148, I. P. C. and sentenced to undergo rigorous imprisonment for two years. All the sentences of the respective accused were ordered to run concurrently. Ambika Singh and others have come up in appeal against their conviction and sentences as mentioned above.;