Umesh Chandra Tripathi, J. - (1.) By way of instant criminal appeals, the appellants have challenged the legality and sustainability of the judgment and order dated 04.9.2006 passed by Additional Sessions Judge/Fast Track Court No. 1, Ballia in Sessions Trial No. 295 of 1998 (State of Uttar Pradesh v. Chunnu alias Om Prakash Upadhyaya and others), arising out of Crime No. 180 of 1997, under Sections 147, 148, 149, 302 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), Police Station - Gadwar, District - Ballia, whereby :- (a) Accused-appellant - Ved Prakash Upadhyaya was convicted and sentenced as follows : (i) Rigorous imprisonment for three years, under Section 148 of IPC; (ii) Imprisonment for life and to pay fine of Rs. 5,000/- under Section 302 of IPC; and (iii) Imprisonment for one year, under Section 323 read with 149 of IPC. In case of default in payment of fine, the appellant shall have undergo additional imprisonment for five months. (b) Accused-appellants - Chunnu alias Om Prakash Upadhyaya, Vimal Kumar Upadhyaya alias Vimal Kumar, Ganesh Upadhyaya, Harendra Upadhyaya, Rikhidev, Baliram and Dhirendra Kumar were convicted and sentenced as follows : (i) Rigorous imprisonment for two years each, under Section 147 of IPC; (ii) Imprisonment for life and to pay fine of Rs. 5,000/- each, under Section 302 read with 149 of IPC; and (iii) Imprisonment for one year, under Section 323 of IPC. In case of default in payment of fine, the appellants shall have to undergo additional imprisonment for five months each.
(2.) All the sentences were directed to run concurrently.
(3.) Succinctly, facts relevant for adjudication of these appeals, as discernible from perusal of record, appear to be that on 08.06.1997, informant Kamla Upadhyaya s/o Kamal Dev Upadhyaya r/o Village Barabandh, Police Station - Gadwar, District - Ballia, along with his family members, was constructing a wall near his cattle shed ('charan'). At about 09.00 A.M., accused Ved Prakash Upadhyaya and Chunnu alias Om Prakash Upadhyaya, sons of Sacchidanand Upadhyaya, Vimal Kumar Upadhyaya s/o Naradmuni, Ganesh Upadhyaya s/o Rishimuni, Rikhidev Upadhyaya s/o Musafir, Harendra Upadhyaya s/o Jainath and Baliram Upadhyaya s/o Ram Ekbal, all residents of Village Barabandh, Police Station - Gadwar and relative of Ved Prakash Upadhyaya - Dhirendra Prakash Shukla s/o Umashankar resident of Village Karnai, Police Station - Sukhpura, District - Ballia, armed with 'lathi danda' (bamboo stick) suddenly came on the spot and attacked the informant and his family members. Accused Ved Prakash started doing indiscriminate firing on them, due to which Hari Shankar Upadhyaya and Rambha Devi w/o Jai Shankar, both son and daughter-in-law, respectively of the informant, received gunshot injuries. Jai Shankar and Narendra, both sons of the informant and Sharda Nand Upadhyaya and Shyama Upadhyaya, brothers of the informant also sustained injuries. It came to light that there was dispute for partition of land between informant Kamla Upadhyay and one Sacchidanand Upadhyay. One day prior to that of the occurrence, that is to say, on 07.06.1997, mediation between the parties had taken place in the village panchayat through their relatives. The informant took his daughter-in-law injured Rambha Devi to Government Hospital, Gadwar where he came to know that she had succumbed to her injuries. Injured Jai Shankar, Narendra and Hari Shankar were send to District Hospital, Ballia. It was requested that report be lodged and appropriate action be taken. The written report is on record and marked as Ex.Ka.1.;