K.C.BHARGAVA, J. - (1.) All these appeals arise out of the same judgment and order dated 18-10-84 passed by the Sessions Judge, Gonda convicting all the appellants, named above, under Section 302 read with Sec. 34 I.P.C.and sentencing them to imprisonment for life. Hence all the appeals are being disposed of together by a common judgment.
(2.) The prosecution case, stated in brief, is that the incident happened in the night of 23/24-1-84 at 2 A.M.in which Salaruddin was done to death. The F.I.R.of this incident was lodged at 4.30 A.M.on 24-2-84. It is further alleged that Kaley Khan's descendants were Chhedi Khan and Salaruddin Khan. In the village there were two factions which stood opposed to each other. It is said that the deceased Salaruddin Khan had contested the election of Pradhan and won the same. Chhedi Khan had lost that election. Thus there was election enmity between the two. On the instigation of Cheedi Khan, the villagers made a complaint against Salaruddin Khan deceased, who was elected as Pradhan, on account of which, S.D.M.Uttaula suspended Salaruddin Khan, but that suspension order was stayed by the Commissioner.
(3.) In the night of 23/24-1-84 Salaruddin Khan was sleeping in his Biathka. Along with the side of Salaruddin Khan, his brother-in-law Rahimulla Khan was also sleeping. All the accused persons came there variously armed, namely, Ejaz Mustafa with pick-axe while Bandhu, Nizam and Goley alias Haider Ali were holding knives. They attacked the deceased in a sleeping condition. A lantern was burning at that place. When the complainant Rahimullah Khan saw this attack, he raised hue and cry, on which villagers, namely Mohd. Aslam Khan, PW.5, Shabbir Ahmad Khan PW.4 and others came on the spot along with torches. The accused-appellants ran away towards north eastern side and could not be apprehended. On account of the injuries, the condition of Salaruddin Khan became critical and he was put in a cart and was taken to P.H.C.Utraula, where he died. According to the complainant, this murder has been committed on account of enmity which existed as narrated above.;