Ranjana Pandya, J. - (1.) The appellants have preferred this appeal challenging their conviction and sentence awarded by learned Additional Sessions Judge, Aligarh vide judgment dated 20.05.1982 passed in Session Trial No. 369 of 1980 (State Vs. Kali Charan and others), under Ss. 147, 323/149, 324/149 and 302/149 IPC, PS Atrauli, District Aligarh whereby accused appellants have been found guilty of having committed offence punishable under Ss. 147, 304/149 (committing culpable homicide of Shyam Lal) and were awarded maximum sentenced to undergo seven years' rigorous imprisonment and they were however held not guilty of having committed murder punishable under Sec. 302 IPC and causing injuries to Smt. Lilawati.
(2.) At the very outset, it has been submitted by the learned counsel for appellants that the present appeal so far as accused appellant No. 1 - Kali Charan, appellant No. 2 - Parshadi, appellant No. 5 - Pyarey lal, appellant No. 6 - Ram Lal and appellant No. 7 - Kali Charan are concerned has abated, due to the death of the aforesaid appellants. Hence, the appeal was heard only as regards the accused appellants No. 3 Ram Chandi and Ramji Lal.
(3.) Shorn of unnecessary details, the prosecution story against accused appellants is that on 20.07.1979 at about 1:00 PM in the noon, a scuffle took place between Suresh and Turasi Harijan, Ram Lal and Ram Chandi and hurled abuses and exhorted to kill him. Informant's husband Shyam Lal came there to save him. Ram Lal raised alarm giving challenge, at which Kali Charan, Ramji Lal, Parsadi and one another Kali Charan reached there armed with Lathis and Dandas. Ram Chandi and Ram Lal were also laced with Lathis and Dandas. Hurling abuses Ram Chandi exhorted to kill. All of them proceeded to beat the informant, Shyam Lal and Suresh by Lathis and Dandas. They sustained serious injuries. In the alleged scuffle informant's husband sustained such injuries that rendered him semi conscious. As per FIR versions, the incident was witnessed by Anokhey, Nem Singh and Mst. Bhaggo. On the basis of oral statement of informant deposed to Head Constable, PS Atrauli, District Aligarh, a case under Ss. 147/149/308 IPC was registered against the accused appellants at Crime No. 213 of 1979 (Ext. Ka -1). Thereafter, the three injured were sent to Hospital. Unfortunately, Shyam Lal, husband of informant, succumbed to the injuries near the gate of Hospital. Informant and her son Suresh were medically examined and injury report was prepared, though it has not been made available on record. The investigation whereof was entrusted to Investigating Officer Sri Indrajit Sharma, who took in his possession the inquest report already being prepared by SI Mohd. Ahmad. He also recorded the statements of witnesses to inquest, that of Smt. Lilawati and Ram Singh. Next day, he visited the spot and prepared the Site Plan which is marked as Ext. Ka -7. He also recorded statements of other witnesses. He also appeared in Court and apprised of the fact that accused appellant namely Kali Charan son of Sri Munshi was absconding and was arrested after initiation of proceedings against him under Ss. 82/83 Cr.P.C. The investigation ended in to a charge sheet against the accused appellants.;