PRASHANT KUMAR,J. - (1.)This appeal is directed against the judgment of conviction and order of sentence dated 19.06.1985 passed by IInd Additional Sessions Judge, Kheri in Sessions Trial No. 161 of 1984, whereby and whereunder the appellants were convicted under Sections 148, 302 r/w 149 of the Penal Code and sentenced to undergo imprisonment for life along with fine of Rs. 2,000.00 each for the offence under Sec. 302 r/w 149 of the IPC. The appellants were further sentenced to undergo rigorous imprisonment for six months for the offence under Sec. 148 of the IPC.
(2.)It appears that initially the present appeal was filed by altogether six appellants. During pendency of the appeal, three appellants namely appellant no. 3- Bharat, appellant no. 5- Jaskaran and appellant no. 6- Ram Ghulam died. Thus, appeal filed by them stand abated. At present, the present appeal survives for appellant no. 1 (Ram Sagar), appellant no. 2 (Shambhu) and appellant no. 4 (Sri Krishna).
(3.)The case of prosecution, in short, as per the first information report is that on 19.10.1983, the informant-Raju (P.W.2) had accompanied Ram Ashray(the deceased) to Lakhimpur Kheri for doing Pairvi of the case of Maya Ram and Rajendra. It is further stated that on the same day in the afternoon, they were returning from Lakhimpur Kheri court to their villageBajudiha on a bicycle. He further states that Babu Sheikh and Kamaruddin were also returning from Lakhimpur Kheri to village- Bajudiha. It is then stated that at about 04.00 PM when the informant and Ram Ashray reached near Masjid, situated in village Bajudiha, accused Ram Sagar armed with a single barrel gun, Shambhu armed with a small gun, Bharat, Ram Ghulam and Jaskaran each armed with Tamancha and Sri Krishna armed with lathi came out of Patawar, a type of straw, grown by the side of road in the field of appellant- Ram Sagar. It is stated that thereafter the aforesaid accused persons surrounded the deceased. However, deceased after leaving the bicycle started running in the paddy field in order to save his life. However, the accused persons chased and fired on the deceased, due to which he fell on the ground near the Masjid. It is stated that thereafter all the accused persons fired and assaulted the deceased and caused injuries on his person. It is stated that the informant and others, who gathered on the place of occurrence, raised alarm, thereafter accused persons fled away. It is stated that after retreat of the accused persons, when the informant and other witnesses went to the place of occurrence, they found that the deceased had already died.