- (1.) R. C. Deepak, J. The present crimi nal appeal has been filed by the accused-appellants Shiv Sagar, Keshava, Sushil, Parmeshwar, Sunder Lal, Parikrama, Kali Prasad and Bhawani Prasad against the judgment and order dated 29. 3. 1982 passed by the learned II Addl. District & Sessions Judge. Barabanki in Sessions Trial No. 191 of 1980 whereby he convicted the accused-Ram appellants under sections 302/149, 147 and 148 IPC and sentenced them to life impris onment under section 302/149 IPC, 2 years R. I. under section 148 IPC and 1 year R. I. under section 147 IPC.
(2.) THE accused-appellants Shiv Sa gar, Parmeshwar, Sunder Lal and Kali Prasad died during the pendency of this appeal and vide order dated 17. 9. 2007 their appeal stood abated. Now the appeal of Keshava, Sushil, Parikrama and Bhawani Prasad is listed before us for hearing. The following short sketch of the pedigree would disclose the relationship of the parties. Ram Ratan Shiv Nath First Wife Bhagwati Prasad Raj Rani (P. W. 1) Ram Kishore (deceased) Shiv Kumari (P. W. 3) I Second Wife Parmeshwar (appellant) Sunder (appellant) Kamal Shanker @ Nanku Ram Shanker @ Gopal Shiv Sagar (appellant) Keshava Sushil (appellant) (appellant) Keshava (appellant) Sushil (appellant) Appellant Kali Prasad and Bha wani Prasad are brothers and they are brother-in-law of accused- appellant Ke-shav. Parikrama is said to be the associate of Shiv Sagar, but this fact has been denied by the appellants, but the remaining rela tionships are not under dispute. The fur ther brief facts of the case are that Par meshwar, the father-in-law of Shiv Kumari, wife of deceased Ram Kishore alias Kishore, had married to two women. From his first wife. Ram Kishore and Govind were born. The second wife is alive having two sons named Kamal Kishore alias Nanku and Ram Shanker alias Gopal. Due to some differences, Parmeshwar had sepa rated Ram Kishore from his family and he was living separately. There was a dispute in regard to the sahan land between Ram Kishore and Shiv Sagar, but due to the in tervention of the village people, the matter was reconciled, but prior to 2/3 months from the murder of Ram Kishore, Shiv Sagar used to threaten him for harassment. Bhagwati and Raj Rani are husband and wife. Both are old. Bhagwati was suffering from ailment. Ram Kishore served him at his level best, as a consequence Bhagwati was pleased with him and he expressed his desire to transfer some of his property to Ram Kishore. In this regard, the relevant documents/khatauni etc. were required.
(3.) IT is alleged that on 26. 7. 1979 Ram Kishore (deceased) and Raj Rani had gone to Ram Nagar by cycle to meet Badri, the lekhpal to obtain the relevant documents, but the lekhpal was not available. Thereaf ter, they had been returning to the village. When they reached near the garden of kalka and field of Munim of the village, the way leading ahead was full of mud and water where the cycle could not run. Ram Kishore asked Raj Rani to come down from the cycle and both of them came down from the cycle. Ram Kishore was on foot with cycle followed by Raj Rani. At about 9:30 a. m. . as soon as Ram Kishore reached the corner of the garden of Kalka, first of all accused-appellants Parikrama and Sunder Lal came out from the bush nearby and exhorted. Thereafter, the accused-appellants Shiv Sagar, Keshava, Sushil, Parmeshwar, Sunder Lal, Parikrama, Bhagwati, Kali Prasad and Bhawani Prasad armed with lathis, ballams and hand gre nades came there and surrounded Ram Kishore and caused injuries to him with their respective weapons and committed his murder. Ram Kishore died of the inju ries on the spot. Raj Rani raised alarm upon which Shiv Sahai and Jagannath, who were scrapping grass there, reached the place of occurrence and witnessed the occurrence. Raj Rani went to the house of Shiv Kumari, the wife of the deceased and informed her in regard to the murder of her husband. Shiv Kumari rushed to the place of occur rence and saw that the dead body of her husband was lying there. She got an appli cation (Ext. Ka-1) prepared by Bhawani Prasad in regard to the murder of her hus band and went to the police station and submitted the application, on the basis of which a case as case crime No. 137 of 1979 under Sections 147, 148, 149, 302 IPC was registered against the accused at the police station Ram Nagar at 11:35 a. m. The dis tance of the police station being 2 miles. The chik report is Ext. Ka-2. The investigation into the case was entrusted to Sri Kalpati Ram, S. I. . who recorded the statement of Shiv Kumari at the police station, visited the place of occurrence, took the dead body of the de ceased Ram Kishore into his possession and sent it in a sealed cover for post mortem examination. He prepared the site plan of the occurrence (Ext. Ka-11), took the blood-stained and unstained earth from the place of occurrence, prepared the re covery memo (Ext. Ka-10) and sent it for chemical examination and recorded the statements of other prosecution witnesses.;