- (1.) Heard Sri Brijesh Sahai, learned counsel for the appellants, Sri Sagir Ahmad, learned A. G. A. assisted by Mrs. Manju Thakur Brief Hlder appearing for the State of U. P. and Sri Rajiv Lochan Shukla, learned counsel appearing on behalf of complainant.
(2.) This criminal appeal has been filed by A1 Ram Awadh Pandey, A2 Ravindra Pandey, A3 Awadh Narain alias Sawadh Narain Pandey, A4 Ram Darash Pandey and A5 Roshan Pandey against the judgement and order dated 5.12.2012 passed by the Additional Sessions Judge, (Temporary Ex-cadre Post) Court No. 2, Azamgarh in Sessions Trial No. 437 of 2009; State Versus Ram Awadh pandey and others arising out of Case Crime No. 285 of 2009 under Sections-147, 302/148, 323/149, 325/149 I. P. C. and Section-7 of Criminal Law Amendment Act, P. S.-Jahanaganj, district-Azamgarh convicting the appellants and sentencing them to six months' R. I. Under Section-147 I. P. C., life imprisonment and fine of Rs. 3000/- each and in default of payment of fine, one year's additional R. I., under Sections-302/149 I. P. C. one year's R. I., under Sections-323/149 I. P. C. one and half years' R. I. and fine of Rs. 1000/- each and in default of payment of fine six months' additional R. I. under Sections-325/149. The Additional Sessions Judge, (Temporary Ex-cadre Post) Court No. 2, Azamgarh had directed that all the sentences shall run concurrently.
(3.) Briefly stated, the prosecution case is that while Sri Subba Yadav, son of late Mangal Yadav, Gram Pradhan of Punarji Gram Sabha was supervising the work of digging soil on 5.5.2009 at about 8.00 p. m. on the chak road in the southern corner of the village, A1 Ram Awadh Pandey, A2 Ravindra Pandey, A3 Awadh Narain aliaas Sawah Narain Pandey, A4 Ram Darash Pandey, A5 Roshan Pandey and one Shiv Poojan Pandey armed with lathis and dandas reached the chak road, where the work of digging and laying soil was in progress and ordered to stop the work of digging and laying soil forthwith as the land from which the soil was being dug, was part of their chak, to which Subba Yadav agreed and said that the work will be resumed only after demarcation is done on the spot and started walking towards his house. At that point, the aforesaid persons suddenly surrounded the Pradhan and started beating him and when the complainant Arvind Kumar Singh and his cousin brother Pradeep Yadav, S/o Ram Nath Yadav tried to intercede, the accused beat them also inflicting severe injuries on them. As a result of beating given by the appellants to Pradhan Subba Yadav, he died on the spot. On the complainant's and his brother's making noise and raising cries for help, large number of villagers gathered at the place of occurrence whereafter the appellants ran away from the place of incident. On the basis of the written report of the aforesaid occurrence (Ext. Ka 1) lodged by the complainant Raj Kumar Yadav, P. W. 1, S/o Ram Janan Yadav on 5.5.2009 at about 9.20 a. M. at P. S.-Jahanaganj, district-Azamgarh, Case Crime No. 285 of 2009 under Sections- 147. 302 and 323 I. P. C. was registered against all the accused / appellants and one Shiv Poojan Pandey, who died during investigation. The check F. I. R. and the G. D. entry, carbon copy whereof has been brought on record as Ext. Ka 7 were prepared by P. W. 9 Constable Arvind Kumar Singh. After registration of Case Crime No. 285 of 2009, under Sections-147, 302/148, 323/149, 325/149 I. P. C. and Section-7 of Criminal Law Amendment Act at P. S.-Jahanaganj, district-Azamgarh, the investigation thereof was entrusted to P. W. 10 Sri Atma Ram Yadav, the then S. H. O., P. S.-Jahana Ganj, district-Azamgarh, who after copying the check F. I. R. and the G. D. entry in the Case Diary recorded the statement of P. W. 1 Raj Kumar Yadav and reached the place of occurrence and after inspecting the same, prepared the site plan (Ext. Ka 9 and 10) and conducted the inquest of the dead body of the deceased, prepared the inquest report (Ext. Ka 11) and the other documents and after completing the necessary paper work, got the dead body of the deceased sealed and dispatched to the District Hospital, Azamgarh for post mortem. The post mortem of the dead body of the deceased was performed by Dr. A. K. Misra, P. W. 5 who prepared the post mortem report (Ext. Ka 3). P. W. 10. After completion of investigation charge-sheet was submitted by the investigating officer against all the accused under Sections-302, 147, 323 and 325 I. P. C. and Section-7 of Criminal Law Amendment Act before the concerned magistrate.;