- (1.) KAMLESHWAR Nath, J. This is an appeal against acquittal of respondent No. 3, Balram for offences under Sections 302, 3o7 and 148, I. P. C. simpliciter, and of the rest of the respondents for offences under Sections 302, 307 both read with Section 149,i. P. C. and under Section 147, I. P. C.
(2.) TWO persons, namely, Jagannath and Teji Lal both residents of Kala Kanker, P. S. Sangramgarh, district Pratapgarh died of gunshot wounds, while 5 persons Gazi Din (P. W. 3), Sheo Kumar (P. W. 4), Shyam Lal, Suraj Pal and Satan, all residents of the same village, sustained injuries. Deceased Jaganath is the brother of informant, Mool Chand (P. W. 1 ). The respondents 1 to 10 belong to one family of the same village. Respondents Matadin and Shyam Lal are own brothers. Respondents Balram, Umesh Chandra, Gopal, Vinod Kumar and Udai Kumar are sons of Matadin. Respondents Ishwar Lal and Phool Chandra are sons of Banshi Lal. Respondent Shanker Lal is the sons of Ganesh Din ; Banshi Lal, and Ganesh Din are brothers of Respondents Matadiu and Shyam Lal Ayodhya, Respondent No. 11 is the neighbour of the accused-respondents and is said to have had some common business interest with them. In the night between 29/30th June, 1974 a function of marriage of Kumari Malti, the sister of informent Mool Chand (P. W. 1), son of Babu Lal, was held in the same village and the people of the bride's place had erected a welcome gate in front of the door of their house. The house is situated towards east of village rasta proceeding from south towards north. It would appear from the site-plan that at a distance of 198 stepts from the house of tae informant, there is a road crossing towards north. Beyond this road crossing, the house of respondent Balram is situated at a distance of 22 stepts towards norta of the crossing.
(3.) THE prosecution case is that when certain marriage ceremonies were going on inside the house of Mool Chand, on 30-6-1974 at about 7. 30 a. m. , respondent Umesh Chandra arrived driving a truck and knocked against the welcome gate, on account of which the gate broke down. Mool Chand's brother, Raja Ram, protested to Umesh Chandra which led to an altercation. Raja Ram and his brother Lalit then proceeded to the house of one Lal Suresh Singh, an ex-Zamindar residing in the locality, and complained against Umesh Chandra. Lal Suresh Singh called Umesh Chandra, scolded him and asked him to repair the gate. THEy all came away from the house of Lal Suresh Singh but Umesh Chandra neither repaired the gate, nor paid compensation. Deceased Jagannath, then, held up the truck. Shortly thereafter, all the respondents carrying lathis and dandas arrived at the house of Mool Chand and challenged the informant and others for having hold up their truck. The informant's brothers Lalit and Raja Ram protested. Thereupon the respondents are stated to have given a beating to them and to Jarnnna Prasad. Babu Lal, father of Lalji and Raja Ram, wielded a stick causing injury to Matadin. The respondents then went away alter extending threats.;