Imtiyaz Murtaza, J. - (1.) This appeal has been filed by the appellants against the judgment and order dated 25.4.1991 passed by First Additional District and Sessions Judge, Jaunpur in S.T. No. 125 of 1985 convicting the appellants under Sections 302/149 I.P.C. and sentencing to undergo imprisonment for life, under Section 324/149 I.P.C. and to undergo one and half year R.I., and under Section 323/149 I.P.C, to undergo one year's R.I. The appellants Thakur Din, Sarju, Subhash Chandra, Sri Ram, Kedar Yadav, Hari alias Hari Ram Yadav and Ramesh Chandra have been further convicted under Section 147 I.P.C. and sentenced to undergo one year's R.I. and the appellants Babu Ram and Sahbu alias Sahab Din have been further convicted under Section 148 I.P.C and sentenced to undergo R.I. for one and half years. All the sentences were directed to run concurrently.
(2.) It would appear that in the case in hand, in all 12 accused faced trial and the trial court recorded conviction against nine accused and rendered verdict of acquittal against three accused persons.
(3.) The occurrence is alleged to have taken place on 22.8.1984 at about 9 p.m. in the field situated in the outskirts of village Junedpur. The village Junedpur lies at a distance of 3 miles from Police Station. The First Information Report of the incident on the basis of written report authored by First Informant namely, Jai Narain Yadav son of Sahab Din alias Dahpel Yadav resident of village Junedpur within the circle of P.S. Sarpatha Jaunpur was lodged on 23.8.1984 at 2.30 a.m. In the F.I.R. the First Informant attributed the causative factor to hostility of accused persons which was traced to a recent election of Gram Pradhan in which father of the complainant also contested the election and as a sequel thereto, it was further alleged, they bore animus against the appellants. On the day of occurrence, it is alleged, Phool Chand deceased and one Shiv Shanker Tiwari equipped with torches left for their fields where Sahabdeen was already present and was monitoring flow of water in his field. At the time of incident, Sahabdeen was watering his field while Shiv Shanker Tiwari, Phool Chand and the complainant were sitting on the Mendh of the field. At about 9 p.m. the accused persons armed with Lathi and Ballam, were seen coming towards them upon which the complainant and others flashed their respective torches as a consequence of which, the accused persons, it is further alleged, assaulted them exhorting to kill all present at the scene of occurrence to give quietus to the running feud between them. It is further alleged that upon hue and cry raised by the complainant and others, the other co-villagers in and around the field were attracted and rushed to their rescue. The accused persons noticing the co-villagers converging to the place of occurrence, escaped from the scene threatening them with dire consequences if any one of them mustered courage to inform the police.;