ARVIND KUMAR MISHRA, J. - (1.) We have heard at length Sri O.P. Singh, Senior Counsel assisted by Sri S.K. Rao, Sri Hari Narain Singh and Sri Manoj Srivasvata, learned counsel for the appellants, Sri Chandra Jeet Yadav, learned AGA for the State and perused the record.
(2.) The instant criminal appeal has been preferred by the appellants against the judgment and order dated 19.05.1986 passed by the Sessions Judge, Basti, in Session Trial No.96 of 1985 arising out of Case Crime No.103 of 1984, under Section 302/34 IPC, Police Station Kalwari, District Basti whereby the appellants have been convicted and sentenced to life imprisonment (under aforesaid sections of IPC). In this case, appellant no.3, Ram Milan died during pendency of appeal. Therefore, his appeal stood abated vide order of this Court dated 02.02.2015. Now there remains only three surviving appellants.
(3.) Briefly stated facts of this case, as discernible from record appears to be; that the first informant Ram Pher Yadav son of Ram Sewak Yadav, resident of village Tahirpur, P.S. Kalwari, District Basti, lodged the written report at P.S. Kalwari on 21.10.1984 at 6.45 am alleging therein that his brother Dhunmun was ploughing / working in his field on 21.10.1984 in the morning in Arazi No. 15 where gram was sown. Some litigation regarding the same field was going on with Ram Shanker. The first informant had gone to answer to nature's call the very same day in the morning. It was around 6.00 a.m. when his brother Dhunmun raised alarm 'Bachao' -'Bachao', that he was being killed by Ram Shanker. After hearing the hue and cry, when the first informant and other persons working in the nearby field namely Badri Yadav, Sumiran Yadav and Chunmun arrived at the spot then they saw Ram Milan son of Dihal possessing Tengari (axe like weapon), Ram Shanker son of Siddhu possessing spear (Ballam) and Daya Shanker son of Siddhu and Dudh Nath Gosai son of Bhanu possessing Lathi were assaulting Dhunmun in furtherance of their common intention. Ram Shanker was exhorting others for killing Dhunmun. As soon as the first informant and others tried to catch the assailants and challenged them when they were threatened by the assailants that in case they proceeded onward or chased them, they will be killed. Thereafter the assailants made their escape good from the place of occurrence towards village.;