H.L.GOKHALE, C.J. - (1.) THESE two appeals under Section 374 of Cr. P.C. seek to challenge the judgment and order dated 30.6.1987, rendered by the Sessions Judge, Hardoi in Sessions Trial No. 292 of 1986. The appellants in these two appeals are 12 accused in that trial. They were all charged for the double murder of one Shyam Lal and Hardwar on 28.1.1986 at 11 a.m. in the Village Sanwal Khera under Police Station Sandila, district Hardoi.
(2.) CRIMINAL Appeal No. 443 of 1987 is filed by Machlu and 10 others, whereas Criminal Appeal No. 564 of 1987 is filed by one Ganga Ram. Out of 11 appellants in Criminal Appeal No. 443 of 1987, appellant No. 5, one Rajau and appellant No. 9, one Mulla, died after filing of the appeal. So this appeal abates to the extent of these two appellants. All these appellants have been convicted under (i) Section 302 read with Section 149, I.P.C., (ii) Section 201 read with Section 149, I.P.C. and (iii) Section 323 read with Section 149, I.P.C. They have all been sentenced to undergo (i) imprisonment for life, (ii) imprisonment for one year's R.I. and (iii) imprisonment for six months' R.I. respectively under each of these counts. All sentences are to run concurrently. As far as the accused -Machlu, Jamuna, Ganga Ram, Manau and Rajau are concerned, they are additionally convicted and sentenced under Section 148, I.P.C. to undergo two years' R.I. Accused -Moti, Keshav, Ram Deo, Jai Ram, Mulla, Ram Asrey and Ram Gulam are additionally convicted and sentenced under Section 147, I.P.C. to undergo one year's R.I. All these sentences were to run concurrently. From amongst these accused, only Ganga Ram was in jail during the trial. All the accused were on bail after the appeals were admitted.
(3.) THE prosecution case is based on the F.I.R. lodged by one Harish Chandra, son of the deceased Shyam Lal, which is stated to have been lodged at 3.30 p.m. on the date of occurrence. Before narrating as to what has happened leading to the filing of the F.I.R., the complainant points out three prior incidents. Firstly, he states in the F.I.R. that for the last two years, Rajau and Moti had filed a case concerning consolidation of agricultural land before the concerned officer against his uncle Hardwar. This has led to enmity between the two groups. Secondly, he has stated that Rajau and Moti were anti -social elements and the local police was always in search of them, and these two accused thought that the uncle of the complainant, one Gur Prasad was a police informer. Thirdly, the complainant has stated that in view of this, on altercation took place on the previous date, i.e., 27.1.1986 in the Village Sikrohiya between the aforesaid Gur Prasad and one Mulla belonging to the group of Rajau and Moti, and this Mulla is stated to have threatened in the following words 'you people are the police informer and we will take care of you'. Thereupon, this uncle -Gur Prasad is stated to have beaten up Mulla in the market by fists and kicks.;