- (1.) This criminal appeal has been filed against the judgment and order dated 16.4.1983 passed by Special Additional Sessions Judge, Fatehpur in S.T. No.202 of 1982, State Vs. Suraj Bali and 5 others, under sections 147, 148, 302/149 IPC, P.S. Asothar, District Fatehpur and convicting all the six accused-persons for offences under section 302/149 IPC and further convicting accused Deo Muni for offence under section 148 IPC and all the rest five accused for offences under section 147 IPC and sentenced them with life imprisonment under section 302/149 IPC, two years rigorous imprisonment under section 148 IPC and one year rigorous imprisonment under section 147 IPC. Feeling aggrieved, all the six accused jointly filed present appeal seeking their acquittal.
(2.) The brief facts relating to the appeal are that:- According to F.I.R. lodged by Gaya Prasad at 3:15 p.m. on 4.4.1982, his real brother Lalni @ Raj Kumar was grazing his cattle at noon on 4.4.1982 in the fields of Dhunna Pandit in North, of which there are fields of Suraj Bali and others in which the crop of Arhar was standing; that per chance, the cow of Lalni entered in the Arhar fields of Suraj Bali, upon which Suraj Bali, Ram Autar, Ram Lakhan and Deo Muni @ Putti sons of Devi Deen arrived and started abusing Lalni; that then Lalni ran into their fields and brought his cow out of the fields of Suraj Bali and others; that thereafter Lalni returned to home and was sitting over his Charahi while Suraj Bali, Ram Autar, Ram Lakhan, Deo Muni @ Putti, Chandra Bali and Ram Swaroop, gathered at their house, which is adjoining and threatened Lalni of life for getting their Arhar crop damaged by his cattle; that Suraj Bali exhorted to bring the gun and finish Lalni, upon which at about 1:00 p.m. Deo Muni @ Putti brought the licenced gun of Suraj Bali and fired at Lalni, upon exhortation of Suraj Bali, Ram Autar, Ram Lakhan, Chandra Bali and Ram Swaroop, in presence of complainant Gaya Prasad, Dhunna, Bhukan and Sitaram; that on being sustained with firearm injuries Lalni fell down, upon which Ram Autar, Chandra Bali, Ram Swaroop and Ram Lakhan gave lathi blows to Lalni and pointed the gun towards the complainant and others due to which, they could not dare to proceed and after leaving of accused-persons, taken body of Lalni to his barotha.
(3.) On F.I.R., having been lodged promptly against the named accused at case crime no.30 of 1982, the investigation was conducted by Investigating Officer and upon preparation of the inquest report, sending body of deceased for post mortem examination and collecting sufficient material evidence against accused-persons, charge sheet was submitted, upon which cognizance was taken and the case was committed to sessions. The Additional Sessions Judge (Special Judge), Fatehpur, framed charges under sections 302 read with section 149 IPC against all the accused-persons for committing offence and causing death of Lalni on 4.4.1982 at 1:00 p.m., charges under section 148 IPC against Deo Muni @ Putti, who was armed with gun and charges under section 147 IPC against others who was armed with lathis. The accused-persons denied from the charges and demanded trial.;