M.C.Jain, J. - (1.) The instant criminal appeal came to be filed by Gangiya and her two sons Bilas and Bachhraj against judgement dated 16.1.1982 passed by V Additional Sessions Judge, Fatehpur in S.T.No.618 of 1980. All of them have been convicted under Section 302 read with Section 34 I.P.C. with sentence of life imprisonment.
(2.) Gangiya and Bilas have died during the pendency of the appeal and the same has abated on their behalf under order dated 14.7.2005. Only appellant Bachhraj remains for whom Sri Shishir Tandon was appointed amicus curiae under order dated 15.2.2006.
(3.) We start with the resume of the broad spectrum of the case. The incident occurred on 18.7.1978 at about 8.00 A.M. outside the house of the accused in village Shiv Prasad Ka Dera hamlet of Raipur Masraul, Police Station Kishunpur, District Fatehpur and the F.I.R. was lodged the same day at 12.45 P.M. by Chhedu son of Bhondu, victim-deceased. Bhondu had stacked 200-250 tiles of Khaprail by the side of the door of the house of Durga Kewat- Husband of Gangiya and father of the other two-Bilas and Bachhraj. Gangiya, for the last few days, was asking Bhondu to remove the same and the latter had assured her that he would do so. The previous evening also, Gangiya and her sons (accused) asked Bhondu to remove the tiles of Khaprail by the next morning else it would not be good. In the morning at about 8.00 A.M on 18.7.1978 Gangiya and her two sons started throwing the tiles one after another from the heap. On their doing that, Bhondu went there and asked them not to throw the tiles that way, saying that he would take them away by noon. They did not stop and started abusing Bhondu. Hearing the shouts, Bhondu's wife Chandrakali, Bachchi Lal, Indra Pal, Ram Kumar, Babu Lal, Chhedi and Shiv Prasad reached there. Gangiya scuffled with Bhondu and started giving him slaps. Bilas gave him a blow with thick bamboo and Bachhraj caused injuries to him with lathi. As a result, Bhondu fell down. Even at his fall, the said accused kept assaulting him with bamboo and lathi.;