Prashant Kumar, J. - (1.) Initially this appeal was filed by eight appellants namely Zamindar alias Jhurra Khan, Sattar alias Gulley Khan, Mohammad Hanif alias Makai Khan, Yaar Mohammad, Majid Khan, Yunus Khan, Sharif Khan and Sabir Khan against the judgment of conviction and order of sentence dated 15.05.1981 passed by First Additional Sessions Judge, Bahraich, in Sessions Trial No.344 of 1979, arising out of Case Crime No.197 of 1979, Police Station Nanpara, District Bahraich under Sections 147, 148, 302 read with 149 of the Indian Penal Code, whereby the appellant no.1 Zamindar alias Jhurra Khan had been convicted under Sections 148 and 302/149 of the Indian Penal Code, whereas seven other appellants namely Sattar alias Gulley Khan, Mohammad Hanif alias Makai Khan, Yaar Mohammad, Majid Khan, Yunus Khan, Sharif Khan and Sabir Khan were convicted under Sections 147, 302/149 of the Indian Penal Code. All the appellants were sentenced to undergo imprisonment for life for the offence under Section 302/149 of the Indian Penal Code. Accused-appellant no.1 Zamindar alias Jhurra Khan was further sentenced to undergo rigorous imprisonment for one and half years for the offence under Section 148 of the Indian Penal Code, whereas remaining appellants were further sentenced to undergo rigorous imprisonment for one year for committing an offence under Section 147 of the Indian Penal Code.
(2.) It is worth mentioning that during the pendency of this appeal, appellant no.1 Zamindar alias Jhurra Khan, appellant no.2 Sattar alias Gulley Khan, appellant no.5 Majid Khan, appellant no.6 Yunus Khan and appellant no.8 Sabir Khan had died and accordingly the appeals filed by them have been abated vide order dated 14.09.2016. Thus, now we are concerned with the appeals of appellant nos.3, 4 and 7 namely Mohammad Hanif alias Makai Khan, Yaar Mohammad and Sharif Khan respectively.
(3.) The case of prosecution in short, as per the written report of informant namely Nasiruddin (PW-1) dated 24.06.1979 is that the deceased Ajayab Khan in a family settlement had given agricultural land to the appellant no.1 Zamindar alias Jhurra Khan and Yaar Mohammad near Kulhara Baba Asthan. It is further stated that on the request of Bagga Khan demarcation proceedings of the land took place and in that demarcation proceeding lands given in the share of appellant Zamidar alias Jhurra Khan and Yaar Mohammad was found to be the land of Bagga Khan. It is alleged that thereafter the appellant Zamindar alias Jhurra Khan and Yaar Mohammad were demanding share in the remaining agricultural lands of deceased Ajayab Khan. But Ajayab Khan refused to give the same. It is stated that thereafter both the above appellants asked Ajayab Khan to vacate the house, which is in the occupation of his elder brother, as the said house given to their mother as dower. It is stated that because of that a Panchayaty took place, but the appellants had not followed the decision of Panches and said that they will decide the matter themselves. It is stated that because of the aforesaid reason the present occurrence took place.;