A.B.Srivastava, J. - (1.) THIS appeal is directed against judgment and order dated 29.5.1979 of the V Additional District & Sessions Judge, Moradabad. whereby he convicted the 7 appellants. While appellant Ram Kumar has been convicted of the offences under Sections 302,148 and 323/149 of the I.P.C, appellants Dal Chand, Babu, Shiv Charan, Ram Singh, Kallu and Govinda have been convicted of the offences under Sections 147 and 323/149, I.P.C. Ram Kumar has been sentenced under Section 302, I.P.C. to imprisonment for life. under Section 148, I.P.C. to R. I. for 6 months, and under Section 323/149, I.P.C. to a fine of Rs. 500, or in default, to undergo simple Imprisonment for 2 months. The rest of the appellants have been sentenced under Section 147, I.P.C. to R.I. for 4 months and under Section 323/149, I.P.C. to pay a fine of Rs. 500, or in default, to undergo simple imprisonment for 2 months each.
(2.) APPELLANTS Dal Chand and Ram Singh having died pendente lite, the appeal in respect of them stands abated. The prosecution story as set out in the F.I.R. lodged by the first informant Yad Ram (P.W. 1), the grandson of deceased Smt. Ram Dei, and the statements of the eye-witnesses is to the effect that, the house of the first informant is situated in the abadi of village Salarpur Majhi within the jurisdiction of P. S. Didauli, district Moradabad. The said house consisting of 2 rooms faces east, in front of the rooms there is a Chhappar, and towards further east is the courtyard, which has its opening towards the north. There was going on a dispute about the said house between the family members of the first informant and appellants Ram Kumar, Dal Chand, Govinda and Ram Singh, and proceedings under Sections 145 and 107/117, Cr. P.C. were going on before the S.D.M., Amroha. Accused appellant Dal Chand, Babu, Shiv Charan and Ram Singh are real brothers. The appellants Ram Kumar, Kallu and Govinda are of the same caste.
(3.) A day before the incident of murder, appellants Ram Kumar, Dal Chand, Ram Singh and Govinda along with a lawyer and his clerk, named Sheetal Prasad, came to the house of the first informant and tried to put lock at the room of the said house saying that the lawyer had come with an order of the Court to do so, and despite protests of these persons, forcibly locked the rooms and left. (During the trial the first informant identified the said lawyer as Shri B. P. Sharma, the defence counsel in the trial court). It is further alleged that on the day of occurrence at about midday appellants Dal Chand, Govinda, Ram Singh and Ram Kumar kept their bullock-cart and engine in the courtyard, and when objected they threatened to teach a lesson to the informant and his family members. On 30.10.1978, a day before the Deepawali festival, at about 8 p.m. the first informant Yad Ram (P.W. 1), his father Natthu (P.W. 2), mother Mannu and grandmother deceased Ramdei, were sitting in the verandah (Chhappar) of their house, Smt. Mannu was cooking food and a Dibia was kept lighted on a niche (cavity in the wall). Ram Kumar with a Hasia (sickle) and Dal Chand, Babu, Shiv Charan, Ram Singh, Kallu and Govinda armed with lathis came there. Dal Chand exhorted his fellow accused persons with the words Mar do Sale Ko, upon this, the people of both the sides started abusing each other and raising alarm, which brought to the scene of occurrence Shiv Lal, Pusey (P.W. 1), Mora, Bihari and Ram Lal (P.W. 7) Ram Kumar gave a blow with the sickle causing injury in the neck to Ramdei who fell and died. Rest of the accused persons started assaulting Natthu and Smt. Mannu by lathis. Meanwhile Smt. Rania, wife of accused Ram Kumar also arrived and started intervening, as a result of which she also got injured. On being rebuked by the witnesses the accused-assailants ran away towards west.;