VIJAY KUMAR VERMA, J. - (1.) CHALLENGE in this appeal, preferred under section 374(2) of the Code of Criminal Pro­cedure (in short "the Cr.P.C"), is to the judgement and order dated 17.10.1984 passed by Sri R.P. Mishra, the then 3rd Additional Sessions Judge, Azamgarh in S.T. No. 78 of 1982 (Stale v. Mangaru and others), whereby the appellants (1) Man­garu; (2) Ramjit; (3) Ram Achal; (4) Ram Bachan; and (5) Rajdev (hereinafter re­ferred to as 'the accused') have been con­victed and sentenced to undergo impris­onment for life under section 302 read with section 149 of Indian Penal Code (in short 'the I.P.C.) and rigorous imprisonment for five years under section 307 read with sec­tion 149 I.P.C. and the appellants Mangaru and Rajdev have further been convicted and sentenced to undergo rigorous impris­onment for six months under section 147 I.P.C. and the appellants Ramjit, Ram Bachan and Ram Achal have further been convicted and sentenced to undergo rigor­ous imprisonment for one year under sec­tion 148 I.P.C. All the sentences have been directed to run concurrently.
(2.) DURING the course of this appeal, the appellant Mangaru died and hence, the appeal has been abated against him vide order dated 24.9.2007. The incident resulting in the death of Sukhai and causing injuries to Sabhajit and Laljit occurred on 26.12.1981 in Village Larpur Saheb Ali, situate within the limits of P.S. Didarganj, District Azamgarh. First Information Report was lodged on 26.12.1981 by Ramjit S/o Sukhai Yadav R/o Village Larpur Saheb Ali. The case of prosecution as appearing from the F.I.R. (Ext. Ka-2), in brief, is that the chak of the complainant Ramjit was situated in north­ern side near to the house of Mangaru S/o Munne lal Yadav. On 26.12.1981, Sabhajit, brother of the complainant, along with one Dhodhai (P.W. 2) was harrowing his wheat field. At about 4.30 p.m., the bull of the accused Mangaru entered into another field of the complainant and started graz­ing and damaging the wheat crop. Sabhajit seeing the bull grazing and damaging his wheat crop, called Ramjit son of Mangaru and asked him to carry his bull. Sabhajit complained also to Ramjit that their cattle always trespass in his field and damage the grown standing crop. Thereupon, Ramjit hurling abuses to Sabhajit went inside his house and immediately thereafter the ac­cused Mangaru and Rajdev having lathies in their hands and Ram Bachan, Ram Achal and Ramjit armed with knife, bhala and gandasi respectively came there and they all began to assault Sabhajit. When on hearing hue and cry, the complainant Ramjit, his father Sukhai and brother Laljit rushed to save Sabhajit, the accused per­sons assaulted Sukhai and Laljit also. Be­hind the complainant, his cousin brother Indrajit, witnesses Sabhajit S/o Bahadur Yadav and Sita S/o Madhar Yadav of his village and Ram Narayan Singh S/o Hub Raj Singh of village Larpur Jhokhu as well as his maternal uncle Sudarshan of village Gilwara also reached there. On being chal­lenged by these persons, the accused went away after causing injuries to Sabhajit, Laljit and Sukhai. The complainant Ramjit being sick witnessed the incident standing at some distance. Sukhai having sustained serious injuries fell down in the field and died instantaneously. Sabhajit and Laljit also sustained serious injuries, due to which they were carried to Government. Hospital, Phulpur for treatment. The com­plainant with the help of Banarsi, Jeetu, Adhin and Keesa carried the dead body of his father to P.S. Deedarganj and handed over written report (Ext. Ka-1) there, which was scribed by P.W. 4, Abhai Raj.
(3.) ON the basis of written report (Ext, Ka-1), the then Head Moharrir, Bal Govind Tiwari prepared chik F.I.R. (Ext. Ka-2) and registered a case on 26.12.1981 at 6.30 p.m. under sections 147, 148, 149, 323, 324, 307, 302 I.P.C. at crime No. 106/1981 against Mangaru, Ramjit, Ram Achal, Ram Bachan and Rajdev and made entry in G.D. vide Ext. Ka-3.;