- (1.) Heard Sri Param Shankar, Amicus Curiae on behalf of the accused-appellants and Sri Sharad Dixit, learned AGA for the State.
(2.) Instant criminal appeal has been preferred by the accused-appellants Rampal, Munshi, Sri Krishana and Surendra challenging the judgment and order dated 27.3.1998 passed by Special Judge (E.C. Act)/ Additional District and Sessions Judge, Hardoi in Session Trial No.14 of 1996, arising out of Case Crime No. 267 of 1995, under Section 302/307 IPC, Police Station Pihani, District Hardoi convicting and awarding them imprisonment for life under Section 302/34 IPC, they have been further convicted and sentenced to three years' R.I. under Section 308/34 IPC.
(3.) According to the prosecution version, complainant Sri Prakash lodged an FIR at Police Station-Pihani, District-Hardoi on 19.10.1995 at about 19.15 hours alleging that Sukhai and Chhatai were the real brothers. Sukhai was physically disabled so he was not able to look after his field. As such, the work to look after the field had been entrusted to accused who were son of brother of Sukhai. On 18.10.1995 Ramkali wife of Sukhai, had got the field ploughed through Prabhu, as a result of which the accused got annoyed. On 19.10.1995 at about 6.00 PM, accused Munshi armed with Ballam, Rampal, Sri Krishna and Surendra armed with lathi came to the house of Ramkali and started beating her in front of the house. On raising alarm by Ramkali, brother of the complainant Prabhu along with Rajendra, Chhannoo son of Radhey Shyam and Sitaram son of Bhagwati Dhobi and others residents of the same village/muhalla reached at the spot Prabhu in order to rescue Smt. Ramkali firstly reached the spot. When Prabhu tried to rescue Smt. Ramkali then he was beaten by the accused. Prabhu, received the injuries. He was being taken to Pihani Hospital but succumbed to his injuries on the way. Ramkali also received the injuries in the incident.;