BARKAT ALI ZAIDI, J. - (1.) THE aforenoted three criminal appeals and a State appeal, as also a revision by the complainant arise out of the same incident and are, herewith being decided by this judgment.
(2.) THE case (Sessions Trial No. 624 of 1995) was decided by Sessions Judge, Varanasi on 29.5.1999 who convicted the accused Ram Chandra Gupta, Pawan, Pankaj and Atul Pandey alias Babloo under Sections 302,120-B, 201, I.P.C. and sentenced them to imprisonment for life and acquitted accused Pawan Kumar Gupta. A thirteen year old boy Amit was done to death 13 years ago. A regrettable coincident, at both ends, of the spectrum. A factual matrix may be unfolded.
(3.) THE prosecution version is that on 17.8.1995 in house No. S-4/90 Ardali Bazar, Varanasi, the complainant Ashok Kumar of this case was living with his family including his deceased son Amit Kumar and running a Gas Agency in a shop comprising part of this house. Accused Ram Chandra who is the elder brother of complainant lived separately along with his family including his sons accused Pawan and Pankaj in another portion of this house and ran a restaurant in the name of 'Amrit Sagar'. It is said that complainant and Ram Chandra had three more brothers and before partition of their ancestral property in 1952, 1985-1986 they ran a joint business under the name of Bajrang Corporation' in which each brother contributed Rs. 17.500/-. It is said that accused Ram Chandra had taken out some money from the joint business by which he purchased a shop in 1979 which was opposed by the complainant. The accused Ram Chandra is said to be peeved on this ground, and he also felt jealous, because the business of complainant was flourishing.;