Aditya Nath Mittal, J. - (1.) This appeal has been preferred by Kashi Ram, Kripa Ram and Jai Ram against the judgment and order dated 17.04.1995 passed by IXth Additional Sessions Judge, Faizabad in Sessions Trial No. 377 of 1984 (State vs. Kashi Ram and Twelve Others) by which the appellants have been convicted for the offences punishable under Ss. 147, 323/149, 304(2)/149 IPC. During the pendency of the appeal, appellant No. 2 - Kripa Ram had died and vide order dated 20.11.2013, the appeal filed by appellant No. 2 Kripa Ram has been abated.
(2.) The brief facts of the case are that the accused persons had formed a group who used to terrorise the farmers, due to which some of them had filed a complaint case under Sec. 107/116 IPC. There was a dispute between Janki Prasad and Kashi Ram regarding the well. On 21.03.1983 at about 7.00 am, the accused persons along with other companions armed with 'Lathi', 'Ballam' and 'Farsa' came on the well of Janki Prasad and dismantled the 'Chhapar' of Janki Prasad. Accused Kashi Ram had put his 'Rahat' on that. At that time, Sri Ram Lakhan - father of the complainant Ghanshyam Verma was coming from the village and as soon as the accused persons seen him, they started beating, due to which he succumbed to injuries. When the witnesses Janki Prasad, Ram Ujagir and the complainant reached on the spot, they were also beaten by the accused persons. The matter was reported to the police and the case was registered against the accused persons. After investigation, the charged -sheet was filed and the accused persons were charged for the offence punishable under Ss. 147, 148, 149, 323, 324, 302 IPC.
(3.) The prosecution had examined Ghanshyam Verma as PW -1; Janki Prasad (injured) as PW -2; Ram Ujagir (injured) as PW -3; Bharat Ram (injured) as PW -4; Ram Ujagir (injured) as PW -5; as witnesses of fact whereas Dr. S.C. Agarwal had been examined as PW -6 who had conducted the post -mortem of the deceased; Sub -Inspector Shyam Deo Rai as PW -7 who had conducted the investigation of the case and Dr. K.P. Singh as PW -8 who had conducted the medical examination of the injured persons.;