- (1.) Five appellants-1. Massur 2. Shiv Kuti 3. Nanku 4. Chhangu Lal and 5. Ganga have challenged the judgment and order dated 29.4.1982 passed by III Additional Sessions Judge, Allahabad, in Sessions Trial No. 264 of 1979 by which they have been convicted under Section 302/149, 323/149 and 147 IPC and sentenced to life imprisonment on the first count, six months rigorous imprisonment on the second count and one year's rigorous imprisonment on the third count.
(2.) The appellants and the first informant Mazharul Haq are residents of village Beli P.S. Cantt district Allahabad. Informant owned agricultural fields in his village. It is alleged that on 17.3.1978 cattle of Bachai Yadav grazed pea crop of the informant. The first informant lodged those catties in the cattle pound which annoyed persons of village Yadav community. On 18.3.1978 at 1 p.m. first informant Mazharul Haq and his brother Izharul haq were harvesting their pea crop when the catties of appellants again started denuding the crop but they were were driven out by the informant and his brother who also warned appellant Massur yadav and others to take to keep a check on their catties so that they did not trespass into their fields in future. Warning was taken to be a temerity and the appellants started hurling abuses and chased the informant and his brother to assault them. Both the victims took to their heels to save their lives. When the informant and his brother reached in the field of village Newada, lzharul Haq brother of informant was assaulted by the appellants with lathis and he fell down their sustaining lathi injuries. When the first informant and other persons from the adjoining fields tried to intervene the appellants also assaulted informant and Saddan, P.W. 5 and then left the place of incident. lnformant and the witnesses found Izharul Haq dead Mazharul Haq P.W. 1 scribed the FIR and lodged it at police station Cantt, Allahabad the same day at about 14.15 hours covering a distance of 4 furlong naming all the appellants as the malefactors which FIR was registered as crime No. 39 of 1978.
(3.) Head Moharrir Uady singh prepared the chik FIR (Ext. Ka 5) and the GD entry (Ext. Ka 6) and Gur Dayal, Station Officer Ps Cantt district Allahabad P.W. 6 started the investigation. He recorded the statement of the informant and Saddan, P.W. 5 at the police station itself and then proceeded to the place of occurrence where he conducted inquest on the dead body of Izharul Haq and after due formalities sent it for autopsy. He also conducted spot inspection and prepared the site plan. He also collected plain and blood stained earth from the place of the incident.;