Pratyush Kumar, J. - (1.) The instant appeal filed on behalf of the accused -appellants is directed against the judgment and order dated 19th March, 1988 passed by Sri R.K. Dubey, the then VIth, Additional Sessions Judge, Lucknow, in S.T. No. 276 of 1984 (State v/s. Kaushal Kishore & others), under Ss. 452, 323, 504, 307, 302 I.P.C., Police Station Mohanlalganj, Lucknow whereby the accused -appellants were convicted and sentenced as under: - - Kaushal Pandey, ) u/s 452 I.P.C. with five years rigorous imprisonment, Prem Chandra alias Chhutanney, ) u/s 323/34 I.P.C. six months ) rigorous imprisonment, Chandrika Prasad alias Chhunnu, )u/s 302/34 I.P.C. imprisonment for life. Deoki alias Deoki Nandan )
(2.) In the present appeal, facts of the prosecution case may be summarized as under: - - "That on 8th November, 1983, at 10.30 p.m. Rajaram gave an oral information at the police station that he was resident of village Sisandi. His uncle Chandrika had died and about his property, his litigation with his 'Bua' (sister of the uncle), Deoki, Chandrika Prasad alias Chhunnu, Prem Chandra alias Chhutanney and Kushal Pandey was going. On that day at Tehsil Mohanlalganj those persons came to attend the hearing of the case, when he was returning they threatened him. At about 9.30 p.m. he was having dinner in his house. Kaushal Pandey armed with Kulari, Chhutanney armed with spear, Deoki and Chandrika armed with lathi, entered his house, Deoki and Chandrika had beaten him with lathi. When his parents tried to save him, they were beaten by Kulari by Kaushal Pandey. They all raised hue and cry, thereat his brother Kuware, Mahadev and many villagers came there and the assailants after coming out of the house made good their escape. His father became unconscious. He and his mother sustained many injuries. He had brought his father in unconscious condition. His report be written."
(3.) At this Chik F.I.R. was scribed and Case Crime No. 315 of 1983 under Ss. 452, 323, 504, 307 I.P.C. was registered and requisite entry was made in the report of the general diary. Investigation was entrusted to S.I. Jairam. Injured were sent for medical examination and treatment. During treatment on 9th November, 1983 at 10.00 a.m. injured Bhuiyandeen, father of the first informant succumbed to injuries and died in Balrampur Hospital, Lucknow. Sec. 302 I.P.C. was added. Thereafter, investigation was taken over by Inspector Incharge Balmukund Pandey, who submitted the chargesheet against all the four named accused.;